The Weekly Law Reports
[2014] 2 WLR 756
Chancery Division
Various Claimants v News Group Newspapers Ltd (No 2)
[2013] EWHC 2119 (Ch)
2013 July 8,
9;
12
Mann J
Practice— Discovery— Action for— Police informing applicants of interception of their mobile telephone voicemails by defendant— Material necessary for applicants to bring or fully to plead claim against defendant in possession of police— Applicants applying in proceedings brought by some of them for order against police for disclosure of material— Whether court having power to make order in exercise of case management powers— Whether court’s jurisdiction depending on third party’s participation in or facilitation of wrongdoing— Whether engagement with wrong such as to make third party more than mere witness or bystander sufficient— Whether court having jurisdiction to make order sought— Whether jurisdiction to be exercised in applicants’ favour— Whether necessary for each applicant to bring separate action for discovery— Whether possible for application to be made in existing proceedings— Whether court in exercise of case management powers able to dispense with service of originating process by applicants who had not yet brought claim against defendant—
CPR, rr 3.1(2)(m), 31.17, 31.18[1]