Q&As

Can you make an application before issuing proceedings to rely on documents under CPR 31.22(1)(b), where documents disclosed in other proceedings are needed to draft particulars of claim? Can that application for court permission (if the other party does not agree under CPR 31.22(1)(c)) be made pre-issue?

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Produced in partnership with Ryan Hocking of Gatehouse Chambers

Published on: 24 June 2021

First, it must be assumed that the party who contemplates making an application under CPR 31.22(1)(b) is '[a] party to whom a document has been disclosed' within the meaning of CPR 31.22(1). The effect of this provision is that the restrictions on the use of documents only apply to a person if that person obtained the document via disclosure within a set of proceedings to which they are a party.

The second assumption is that the exception in CPR 31.22(1)(a) does not apply, in that the document has not 'been read to or by the court, or referred to, at a hearing which has been held in public'. If

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Ryan Hocking

Gatehouse Chambers

Ryan has a busy, broad-based commercial and insolvency practice. He is a sought-after trial and appellate advocate, having acted in a number of cases of wider commercial significance to the client. Ryan's insolvency practice includes both personal and corporate insolvency, acting for office-holders as well as individuals and directors. He advises and acts in respect of (amongst other things) antecedent transactions, misfeasance, and litigation brought by office-holders. Within the wide category of commercial litigation, he has experience in matters relating to contractual disputes, civil fraud, partnerships and LLPs, professional negligence, financial regulation, unjust enrichment, and of cases with an international dimension (including injunctive relief and cross-border insolvencies). Ryan welcomes instructions to act as sole counsel or as part of a team, and has been led in the High Court (for example, being led by Brie Stevens-Hoare QC in the commercial fraud case of Chowdhary Ltd v Tossed & McKevitt) and the Supreme Court (for example, being led by John de Waal QC and David Lewis in ParkingEye v Beavis ' now the leading case on the law of penalty clauses). He also has experience of acting as an expert on English law for proceedings abroad, and welcomes instructions to do so.