Rule 46.1 Pre-commencement disclosure and orders for disclosure against a person who is not a partyF1

(1)

This paragraph applies where a person applies—

(a)

for an order under—

(i)

section 33 of the Senior Courts Act 1981; or

(ii)

section 52 of the County Courts Act 1984,

(which give the court powers exercisable before commencement of proceedings); or

(b)

for an order under—

(i)

section 34 of the Senior Courts Act 1981; or

(ii)

section 53 of the County Courts Act 1984,

(which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).

(2)

The general rule is that the court will award the person against whom the order is sought that person’s costs—

(a)

of the application; and

(b)

of complying with any order made on the application.

(3)

The court may however make a different order, having regard to all the circumstances, including—

(a)

the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and

(b)

whether the parties to the application have complied with any relevant pre-action protocol.

Annotations

F1: Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

F2: Words in Pt. 46 Table of Contents inserted (8.8.2016) by The Civil Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/707), rules 2, 5(a) (with rule 6); S.I. 2016/717, art. 3(d)
F3: Words in Pt. 46 Table of Contents inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 18(1)
F4: Words in Pt. 46 Table of Contents inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 16(1) (with rule 2)

C1: Pt. 46 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)