I.B.L. Ltd. v Planet Ltd. [1990] JLR 294 (06 November 1990)

I.B.L. Ltd. v Planet Ltd. [1990] JLR 294 (06 November 1990)

Discovery may be ordered against a non-party if it is the only means to obtain necessary information to proceed against a wrongdoer, regardless of the non-party's location or compellability.

Citation
[1990] JLR 294
Parties
Applicant: I. B. L. Ltd.; Respondent: Planet Ltd.
Jurisdiction
Jersey
Judgment Date
06 November 1990
Procedural Posture
Civil / Interlocutory Application
Outcome
exception to general rule on non-party discovery recognized
Legal Topics
Discovery Against Non Party, Discovery Procedure
Civil Procedure Discovery Against Non Party Discovery Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

I. B. L. Ltd.

Applicant

Planet Ltd.

Respondent

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether discovery can be ordered against a non-party or mere witness
  2. 2 Whether discovery is permissible when it is the only means of obtaining necessary information to proceed against a wrongdoer whose acts were facilitated by a non-party

Ratio Decidendi

Discovery may be ordered against a non-party if it is the only means to obtain necessary information to proceed against a wrongdoer, regardless of the non-party's location or compellability.

Court Disposition

exception to general rule on non-party discovery recognized