King's / Queen's Bench Division of the High Court

KB-2025-001228 - [2025] EWHC 2506 (KB)

Fecha: 01-Oct-2025

The non-party disclosure application

The non-party disclosure application

101.

The non-party disclosure application sought the same material as the specific disclosure application but was only pursued in the event that the specific disclosure application failed on the “control” point, which it did not.

102.

The non-party disclosure application has therefore become unnecessary. Had it been pursued the same difficulties as led to the specific disclosure application being dismissed would have applied.

Heading
Introduction
The factual background
The procedural history
The issues on the applications
(ii): Surveillance documents
(iii): The NEC Custodians’ material
The legal framework
(ii): Documents in a party’s“control”
(iii): Orders for non-party disclosure under CPR 31.17
(i): Are the documents sought in the Claimants’ control?
(ii): Are the documents sought of such relevance that disclosure of them is necessary for the fair disposal of the proceedings?
(iii): Would the specific disclosure order sought be consistent with the overriding objective?
The non-party disclosure application
Conclusions