Non-Party Disclosure and Norwich Pharmacal Orders Flashcards
(10 cards)
When can an application for non-party disclosure (CPR 31.17) be made?
A) After proceedings have started
B) Before proceedings have started
C) When settlement is likely
D) Only after trial
A) After proceedings have started
Explanation:
Non-party disclosure can only be applied for once proceedings have started, not before.
For a Norwich Pharmacal order to be granted, what must be true?
A) The respondent must be the defendant
B) The respondent must have been involved beyond being a mere witness
C) The applicant must have filed a claim already
D) The wrongdoing must have already been proven in court
B) The respondent must have been involved beyond being a mere witness
Explanation:
The respondent must have more involvement than a bystander, but they are not the defendant or necessarily at fault.
A wants documents from a third party to strengthen their case in ongoing litigation. What application should A make?
A) Pre-action disclosure
B) Non-party disclosure
C) Specific inspection
D) Norwich Pharmacal Order
B) Non-party disclosure
Explanation:
Non-party disclosure is used after proceedings have started to obtain documents from third parties.
Who normally pays the costs if a Norwich Pharmacal order is granted?
A) The applicant
B) The wrongdoer immediately
C) Costs are shared equally
D) No one pays
A) The applicant
Explanation:
The applicant usually pays the respondent’s reasonable costs, even if they succeed.
Company X knows someone is infringing its patent but needs HMRC to disclose the importer’s identity. What application should X make?
A) Pre-action disclosure
B) Non-party disclosure
C) Norwich Pharmacal Order
D) Specific inspection
C) Norwich Pharmacal Order
Explanation:
A Norwich Pharmacal Order is used when a party needs disclosure to identify the wrongdoer before bringing proceedings.
A party discloses a document during proceedings but refuses inspection claiming it is privileged. How should the opponent challenge this?
A) Apply for a Norwich Pharmacal Order
B) Make a specific inspection application
C) Challenge under CPR 31.19(5)
D) Apply for pre-action disclosure
C) Challenge under CPR 31.19(5)
Explanation:
Challenges to a claim of privilege are made under CPR 31.19(5).
What is required before a court may grant pre-action disclosure?
A) No real prospect of success in future proceedings
B) Only a suspicion of a possible claim
C) The court must be convinced there is no other way to get evidence
D) Both parties are likely to be parties to the future proceedings
D) Both parties are likely to be parties to the future proceedings
Explanation:
Pre-action disclosure requires that both the applicant and respondent are likely parties to future proceedings.
In an application for non-party disclosure, the respondent says the documents are no longer under their control. What must they do?
A) Ignore the request
B) Destroy the documents
C) Still provide the documents
D) Specify in their response that the documents are no longer under their control
D) Specify in their response that the documents are no longer under their control
Explanation:
Respondents must state if the documents are no longer in their possession or control.
When deciding whether to grant non-party disclosure, what is one key consideration for the court?
A) Whether the documents are privileged
B) Whether disclosure would delay the trial
C) Whether disclosure would increase costs
D) Whether disclosure is necessary to dispose fairly of the claim
D) Whether disclosure is necessary to dispose fairly of the claim
Explanation:
Disclosure must be necessary to fairly resolve the proceedings or save costs.
Company Y knows litigation is about to start but refuses to voluntarily hand over documents to potential claimant Z. What can Z apply for before issuing proceedings?
A) Non-party disclosure
B) Specific disclosure
C) Specific inspection
D) Pre-action disclosure
D) Pre-action disclosure
Explanation:
Pre-action disclosure is the correct application to compel a likely party to hand over documents before proceedings start.
