Litigation Letter
Third-party disclosure
Re Branchempire Ltd, Rubin v Coote [2010] EWHC 3017 (CH), [2011] All ER (D) 44 (Jan); NLJ 21 January
There are two jurisdictional requirements for a successful application for disclosure by a third party pursuant to CPR 31.17.
First, the material should be likely to support the case of the applicant or adversely affect the case of another party, and
second, disclosure must be necessary to dispose fairly of the claim or to save costs. In any event, the court retains an overriding
discretion even when these two requirements have been met.