DR - Disclosure - Non-party

Question 1

When can the court make an order for disclosure to a person who is not party to the dispute?

Answer 1

Where:
a) the documents are likely to support the applicants case ✅
b) disclosure is:
- necessary for fairness ⚖️
or
- to save costs 💰

NOTE: Court has discretion and will consider the overriding objective.

Question 2

What is the procedure for a non-party disclosure?

Answer 2

applicant must:

• specify the order sought, including listing the documents sought
• be supported by evidence
• require the respondent to specify docs no longer under his control or which he has a right to withhold from inspection.

The application notice must be served on the non-party and any other party to the proceedings.

Question 3

Who pays the costs form a non-party disclosure application?

Answer 3

the applicant

Question 4

What is a Norwich Pharmacal order?

Answer 4

Used where identity of defendant is unknown

Orders the respondent WHO IS NOT the defendant, to disclose information allowing the claimant to sue the right defendant.

Question 5

What is required before a Norwich Parmacal Order can be started?

Answer 5

The applicant must start a claim against ‘persons unknown’.

Question 6

When will a court grant a Norwich Parmacal Order?

Answer 6

• a wrong has been carried out💥; AND
• the order is needed to enable action against the wrongdoer🥸; AND
• the person against whom the order is brought is:
  i) more than a mere witness/bystander (need involvement but not fault)👯‍♂️
  ii) be able to provide the info needed,
• When necessary and proportionate ⚖️,

Question 7

Who will pay for a Norwich Parmacal Order?

Answer 7

Usually, the applicant but these may be recovered from the wrongdoer in subsequent proceedings.

Question 8

What are the three parts of the inspection form?

Answer 8

Part 1 - disclose and allow inspection
Part 2 - disclose but object to inspection
Part 3 - no longer in control