Discovery of documents from third parties. Morritt LJ said that an order might be made where the party holding the documents could be said to have involvement in terms of ‘causing or facilitating’ the wrong.
Judges:
Morritt LJ
Citations:
[1998] EWCA Civ 782, [1998] CLC 1177
Links:
Jurisdiction:
England and Wales
Citing:
Cited – P v T Ltd ChD 7-May-1997
A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the . .
Cited by:
Cited – Mitsui and Co Ltd v Nexen Petroleum UK Ltd ChD 29-Apr-2005
Mitsui sought disclosure of documents from a third party under the rules in Norwich Pharmacal.
Held: Such relief was available ‘where the claimant requires the disclosure of crucial information in order to be able to bring its claim or where . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 May 2022; Ref: scu.144260
