CPR 31.17 - disclosure from third party.

[Halifax71]

Evening all. Anybody any knowledge of the cpr process , specifically cpr 31.17?

I've searched around and can't see a layman's guide to the process. I've got a small claim coming up and I've had what I deem to be sufficient instruction from the defendants that they won't be disclosing and / or submitting the docs as info upon which they intend to rely. I'm satisfied I can satisfy the requirements
https://www.justice.gov.uk/courts/pr...s/part31#31.17

Any help would be appreciated.

I'm going to call the court tomorrow but thought I'd ask on her beforehand.

Thanks in advance.

[Diana M]

Re: CPR 31.17 - disclosure from third party.

What's the claim for?

It may not make any difference to the factual answer to your question, but it does help to put things in context.

Why do you need disclosure/evidence from a third party (not involved in these proceedings) and what do you believe they can provide to assist your case or demolish the Defence?

Are you doing this because you believe making an application to the court to force disclosure from the Defendant will be futile due to their reluctance or do they not have the evidence you need to prove your case but a third party does have it?

Di

[Halifax71]

Re: CPR 31.17 - disclosure from third party.

Hi Diane. It's the unredacted version of this. http://legalbeagles.info/forums/show...FT-FOI-Release

I don't believe without full sight my claim can be fairly considered by the judge.

It's just the process I'm after really.

Edit to add. As you will see the defendants (Barclays) were party to some, not all. They say they may still hold those but won't commit to voluntary disclosure/ share with me as a doc upon which they intend to rely.

So I guess an additional question is whether I should see an order for disclosure of the parts they were party to and then in addition from the CMA of the OFT internal discussions.

[R0b]

Re: CPR 31.17 - disclosure from third party.

The process is pretty straight forward really, you need to make an N244 application, include a draft order along with a witness statement. If you opt for a hearing then it would probably last no more than 15 minutes, 30 tops. In the application, under question 3 about the order you are seeking, it would be something along the lines of:

I, [name] intend to apply for an order under section 53 of the County courts Act 1984 and pursuant to CPR 31.17 (a draft of which is attached) that the Defendant:

1. Do disclose and permit the Claimant to inspect the documents that are within its control as identified in the draft order;
2. Serve a disclosure statement specifying any of those documents that are no longer in its control and what has happened to them and those documents which the Defendant believes it has right to withhold inspection.

The Claimant believes that:
(b) The Defendant holds the documents of which disclosure is sought.
(a) Those documents are likely to support the case of the Claimant or adversely affect the case of one of the parties to the proceedings.
(c) Disclosure of the documents is necessary in order to dispose fairly of the claim or to save costs.

You will need to draft an order to the above effect for example and a witness statement in support of your application. I make no claim as to whether the above will satisfy the criteria as it is the court's discretion as to whether they will grant disclosure. In your list of documents you want disclosing you need to be as specific as possible because if you are too wide in scope, you won't get the disclosure you need. For example you could request all emails between X and Y for the period of [date] and [date] or any reports made in respect of XYZ.

Also note that the Claimant will generally need to agree to pay the costs of the party complying with the order.

[Halifax71]

Re: CPR 31.17 - disclosure from third party.

Thanks Rob, great stuff.