Question for lawyers - Third party disclosure

[Rob.S]

Good evening,

Hoping someone of lawyer experience would be of help regarding my question, although it is in relation to PI I decided to put under this section as was the only section closest to what I am referring to.

Anyway, long story short - Need to request employment history from HMRC, SAR has been made, 40 days now passed. Have been advised very least they are backlogged 3 months but looking towards 4-5 months before i get something back. What is the process for making a pre-action disclosure for a third party? CPR 31.16 is made where a someone is likely to be party to a claim, CPR 31.17 is disclosure by third party but only effective when proceedings have commenced.

My only other lead is Norwich Pharmacal Order (NPO) and futher research indicates that they should be made under Part 8 or Part 23 CPR. Interestingly the recent case of Yates -v- Commissioners for Her Majesty’s Revenue & Customs [2014] EWCH 2311 (QB) was a case relating to a request for HMRC employment history albeit was an asbestos claim where the claimant was deceased and indicated that further applications made under CPR 31.17

Probably a long shot request but anyone with any relevant knowledge or previous experience of something similar would be grateful.

Rob

[stevemLS]

Re: Question for lawyers - Third party disclosure

I think you would have to rely on 3.18 which explicitly says 31.16/31.17 do not operate to limit the power of the court to order disclosure either pre-action or against non-parties.

TBH, though, you may well be on a hiding to nothing, by the time the court has dealt with the application, you will probably have whatever information HMRC have.

Complaint to ICO for non-compliance might be more effective?