 |  |
|
 |
 |
 |
 |
|  | |  | |
Accordingly, in the present context, it would be appropriate to apply the qualifying
conditions presently defined in O 24 r 7A in respect of disclosures in personal injury
and death claims under section 42(1), namely, that the documents be shown to be (i)
likely to be in the possession, custody or power of the person subpoenaed; (ii) relevant
to an issue arising out of the claim in question; and (iii) by virtue of O 24 r 13,
necessary either for disposing fairly of the cause or matter or for saving costs.
Recommendation 78: Section 42(1) of the HCO should be amended so that
the court's jurisdiction to order post-commencement, pre-trial disclosure from
persons who are not parties to the proceedings applies to all types of cases (and
not merely to personal injury and death claims).
Recommendation 79: The requirements to be met and procedure to be
followed when seeking orders referred to in Recommendation 78 should be as
laid down by O 24 r 7A in respect of section 42(1) orders and by O 24 r 13, with
any necessary or desirable modifications.
|
 |
|