Disclosure

The Chancery Division dismissed, in part, an application, under CPR 31.17, for an order for disclosure and inspection, against a person (a solicitor) who was not party to the main proceedings. Among other things, the court held that it was not a proper use of the procedure, under CPR 31.17 to make such an application in circumstances where those documents could be obtained from the defendants in the main proceedings, and where the reason for making the application was to obtain the documents prior to a hearing of, and to resist, applications by defendants in the main proceedings, and because it was perceived to be easier to route to obtaining disclosure of those documents. Disclosure, subject to conditions was granted in respect of one class of documents on the ground that it was necessary fairly to dispose of the claim or to save costs.