header-logo header-logo

Who must disclose what & when?

04 October 2018 / David Burrows
Issue: 7811 / Categories: Features , Family
printer mail-detail

Clarity on non-party documentation: David Burrows investigates the power to order production of documents in family cases

  • Asks what powers the courts have to require non-parties to produce documents in family cases.
  • Asks if the family courts have power to order police to produce documents.
  • Asks when a witness summons for production of documents can be used in family proceedings.

Family procedural law is not as clear as it might be over when ‘a person who is not a party to the proceedings’ (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc). The categories of circumstance in which a non-party can be required to produce documents are:

  • An application to the court where statute permits (including as to the whereabouts of children) under Family Procedure Rules 2010 (FPR 2010) r 21.2;
  • By witness summons to produce documents in court (FPR 2010 r 24.2(1)(b): formerly subpoena ad duces tecum); and
  • By the Norwich Pharmacal procedure (explained below).

As

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll