||All England Reporter
|| All ER (D) 230 (Oct)
|| EWHC 2647 (Ch)
||Christopher Parker QC (instructed by Walker Morris) for the third claimant.
||Sonia Tolaney (instructed by Slaughter and May) for SCB.
||21 October 2010
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.
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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