In re Lucas v [1981] JLR 83 (06 July 1981)

In re Lucas v [1981] JLR 83 (06 July 1981)

Discovery against a non-party is only ordered if the non-party facilitated the commission of a wrong and is under a duty to provide information necessary for the litigation to proceed, to avoid later delay and denial of justice.

Citation
[1981] JLR 83
Parties
Applicant: Lucas; Respondent: Unknown non-party
Jurisdiction
Jersey
Judgment Date
06 July 1981
Procedural Posture
Civil / Application for Discovery
Outcome
Discovery only ordered if non-party facilitated commission of wrong and is under duty to provide information.
Legal Topics
Discovery, Separate Action for Discovery, Non Party Discovery
Civil Procedure Discovery Separate Action for Discovery Non Party Discovery

Case Brief

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Parties

Lucas

Applicant

Unknown non-party

Respondent

Procedural Posture

Civil / Application for Discovery

Legal Issues

  1. 1 Whether a separate action for discovery can be ordered against a non-party
  2. 2 Under what circumstances a non-party is under a duty to give information to enable litigation to proceed

Ratio Decidendi

Discovery against a non-party is only ordered if the non-party facilitated the commission of a wrong and is under a duty to provide information necessary for the litigation to proceed, to avoid later delay and denial of justice.

Court Disposition

Discovery only ordered if non-party facilitated commission of wrong and is under duty to provide information.