20 January 2011
Civil procedure
Re Branchempire Ltd, Rubin v Coote [2010] EWHC 3017 (Ch), [2011] All ER (D) 44 (Jan)
In respect of an application for third party disclosure pursuant to CPR 31.17, there were two jurisdictional requirements: (a) the material should be likely to support the case of the applicant or adversely affect the case of another party, and (b) disclosure had to be necessary to dispose fairly of the claim or save costs.
The court retained an overriding discretion, however, even when those jurisdictional hurdles had been crossed.
