Court Has Power to Serve Disclosure Application on Third Party Outside the Jurisdiction

12 September 2022
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Key takeaways:
  • The High Court has power to permit service of non-party disclosure applications outside the jurisdiction of England and Wales.
  • The discretion to do so will only be utilised where the letter of request regime ordinarily used to obtain information from non-parties abroad is not suitable.
  • We expect that further guidance will be required from the Court of Appeal given the relatively novel decision.