The court was asked as to whether the expression ‘in the possession of’ in RSC Ord.48 extended to documents not physically held by the judgment debtor but to sight of which he has a clear and enforceable right.
Held: The expression did so extend. However he did not have such a right in this case. ‘that a director could not be taken to have had possession of company documents even if he had an enforceable right to them’
Judges:
Hughes J
Citations:
[2003] 2 FLR 553
Jurisdiction:
England and Wales
Citing:
Cited – B v B (Matrimonial Proceedings: Discovery) CA 1978
The wife applied for ancillary relief, and sought disclosure from a third party.
Held: Whilst a party must disclose all documents in his possession, custody or power the court has a discretion whether to order inspection. ‘Custody’ in RSC Ord . .
Cited by:
See Also – Mubarak v Mubarik FD 9-May-2006
. .
See Also – Mubarak v Mubarik and others FD 12-Jan-2007
. .
See Also – Mubarak v Mubarak and others CA 17-Jul-2007
Application for leave to appeal against ancillary relief order – protracted proceedings. . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 14 November 2022; Ref: scu.347192
