Paragraph 31 Power of High Court in Northern Ireland to order disclosure etc by non-partiesF1
On the application of a party to competition proceedings, where it appears to the High Court in Northern Ireland that evidence relevant to the proceedings is likely to be in the possession, custody or power of a person who is not a party to the proceedings, the court may order the person—
to disclose whether such evidence is in the person’s possession, custody or power, and
if it is, to produce it—
to the applicant, or
on such conditions as may be specified in the order, to the applicant’s legal adviser or other professional adviser.
An order under sub-paragraph (1) must not be made if the court considers that compliance with it would be likely to be injurious to the public interest.
Rules of court may make provision specifying circumstances in which a court may or may not make an order under sub-paragraph (1).
The power under sub-paragraph (3) includes power to make incidental, supplementary and consequential provision.
Sub-paragraph (1) is without prejudice to the exercise by the High Court in Northern Ireland of any power to make orders which is exercisable apart from this paragraph.
Annotations
Textual amendments
Notes on the whole Act
Textual amendments
- F1
Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1
Notes on Schedule 8A
Textual amendments
- F2
Words in Sch. 8A heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(2); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)