Hearings
England & Wales
12 Jul 2013 [2013] EWHC 2119 (Ch); [2014] Ch 400; [2014] 2 WLR 756; [2013] WLR (D) 314, Ch D (Mann J)
12 Jul 2013 [2013] EWHC 2119 (Ch); [2014] Ch 400; [2014] 2 WLR 756; [2013] WLR (D) 314, Ch D (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
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