Source: All England Reporter
Publisher Citation: [2010] All ER (D) 230 (Oct)
Neutral Citation: [2010] EWHC 2647 (Ch)
Court: Chancery Division
Judge:

Morgan J
Representation Christopher Parker QC (instructed by Walker Morris) for the third claimant.
  Sonia Tolaney (instructed by Slaughter and May) for SCB.
Judgment Dates: 21 October 2010

Catchwords

Disclosure and inspection of documents - Disclosure against persons not parties to proceedings - Jurisdiction - Rule permitting disclosure against non-party only where documents sought 'likely' to support applicant's case or adversely affect case of another party to proceedings - Third claimant seeking disclosure from bank in relation to main proceedings - Whether disclosure necessary - Civil Procedure Rules, r 31.17.

The Case

Disclosure and inspection of documents Disclosure against persons not parties to proceedings. The Chancery Division dismissed the third claimant's application for disclosure of documents by a bank whICH was not party to the proceedings on the basis that disclosure would not fairly dispose of the underlying proceedings and would not save costs in the light of the fact that the fourth defendant company was in administration.

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