Old rules, restricting the power to disclose to documents relating to a matter at issue between the parties, were no longer applicable. The court could order disclosure of documents as between two parties which were relevant to an issue in related action.
ComC An additional defendant to the counterclaim, who was also a defendant to the plaintiff’s third party notice, may get discovery under RSC Order 24, rule 3 and/or 7, from the plaintiff, of documents relevant to an issue of quantum in the counterclaim, even though there was no issue of quantum as between him and the plaintiff. The question was treated as a matter of both jurisdiction and discretion and was decided in favour of the applicant for discovery in both respects. Order 24, rule 3’s and 7’s language ‘any party…… any other party…..relating to any matter in question in the cause or matter’ contested with rule 2’s ‘parties between whom pleadings are closed…. relating to any matter in question between them’.
Judges:
Rix J
Citations:
Times 11-May-1999, [1999] 1 Lloyd’s Rep 876, [1999] CLC 1197, Independent 15-Mar-1999
Jurisdiction:
England and Wales
Cited by:
See Also – Manatee Towing Co and Anr v Oceanbulk Maritime and Anr. By original action ‘Bay Ridge’ (No. 2) ComC 18-May-1999
ComC Whether negotiations resulted in a binding contract of sale – the legal principles to be applied. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 09 April 2022; Ref: scu.83359