If you’re involved in a legal dispute and urgently need access to information held by the other side – or even a third party – you may well need to consider asking the court for a disclosure order. The experienced commercial litigation lawyers at ParrisWhittaker are experienced in securing these orders for clients and can provide urgent advice.
Disclosure orders are an invaluable tool for anyone seeking access to crucial documents (and other information) that will help them pursue their legal proceedings against an individual or a company.
What type of information?
Disclosures orders can be made by the court when an individual or business entity needs the documents/information for a specific reason, including:
It supports allegations of misconduct against a corporate defendant or other business or even a former director or employee;
You suspect a third party is involved or has been involved in cybercrime or financial misfeasance affecting your business;
The information held by a third party will substantiate your allegations of wrongdoing against the respondent;
The information will shore up your allegations of illegal acts that breach the commercial terms of a contract.
However, the courts do not make orders for specific disclosure readily, and will seek to ensure that any disclosure ordered is proportionate and that its cost does not outweigh the likely benefits from such disclosure.
What is the effect of a disclosure order?
Disclosure orders impose an obligation on the individual or corporation subject to it to disclose documents and information on the specific terms set out in the order.
Importantly, a particular type of disclosure order – Norwich Pharmacal orders – can be made against a third party (ie a person or business entity who is not alleged to have done anything wrong) because they hold essential information that will assist the claimant’s case against the respondent.
If the party who is subject to the order does not comply with terms of the court order, it faces sanctions from the court such as being disbarred from defending the claim against it or a costs order being imposed.
What should we do?
If you urgently need to obtain information or documentation from a third party and it has refused your reasonable requests, contact us for urgent advice. We can help you secure a disclosure order in terms that will enable you to lawfully access the information required.
On the other hand, you may be the subject of a disclosure order. In this case, we can help you navigate your compliance with the order while protecting your interests; or we can help you challenge the order if this is necessary in the circumstances. This could mean applying to vary the terms or to appeal it in its totality.
In every case, we will take a well-rounded consideration of the wider circumstances of the dispute and ensure neither your commercial interests nor your legal rights are compromised. Where necessary, we will take an aggressive stance if the other side is being unreasonable or if we believe a disclosure order made against you is unfair or has been made in error.
For expert, urgent legal advice on disclosure orders whether against the other side or a third party, contact us now, and we can begin working on your behalf.
