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Third-party disclosure

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.

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