Witness orders for the production of documents in the speculative hope that they might contain matters of assistance should be discouraged, and particularly so in respect of documents held by social services departments. This should now be well known and expected, and counsel breaking this rule should expect a wasted costs order.
England and Wales
Cited – Regina v Reading Justices ex parte Berkshire County Council QBD 5-May-1995
Disclosure by third parties in criminal proceedings was not affected by other new rule. Simon Brown LJ summarised the tests for materiality for requiring production of dicuments from third parties by magistrates: ‘The central principles . . . are as . .
Cited – In re Ronald A Prior and Co (Solicitors) 1996
These lists may be incomplete.
Updated: 08 April 2021; Ref: scu.90314