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04 November 2010 / John Cooper KC
Issue: 7440 / Categories: Opinion , Procedure & practice , Profession
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Third party season

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again...

John Cooper QC reports on the growth of the third party summons

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again, because in any criminal trial at any court centre, whether the allegations are fraud, murder, rape or robbery a company or private individual who thinks they have nothing to do with the proceedings could find themselves spending time and money in preparation for an appearance in a criminal trial as a witness.

I am, of course, referring to the Third Party Disclosure Regime in the criminal courts. It has been with us for some time, but in this interactive age, it has never been more vibrant.

As a matter of law, where it is sought to obtain material from third parties, upon whom there is no prior duty of disclosure, a defendant or indeed the

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HFW—Nelson Wang

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Burges Salmon—David McEwing

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Browne Jacobson—Alexander Studholme

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NEWS
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A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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