Versions

 

37. Power of the Court of First Instance to order disclosure of documents, inspection of property etc. against a non-party

(1) On the application of a party to any proceedings, the Court of First Instance shall, in such circumstances as may be specified in court procedure rules, have power to order a person who is not a party to the proceedings and who appears to the Court to have in his possession, custody or power any documents which are relevant to an issue arising out of the said proceedings to —
(a) disclose whether those documents are in his possession, custody or power; and
(b) produce such of those documents, as are in his possession, custody of power to the applicant or, on such conditions as may be specified in the order, to any advisors of the applicant.
(2) On the application of a party to any proceedings, the Court of First Instance shall, in such circumstances as may be specified in court procedure rules, have power to make an order providing for any one or more of the following matters, that is to say —
(a) the inspection, photographing, preservation, custody and detention of property which is not the property of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;
(b) the taking of samples of any such property as mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.
(3) The preceding provisions of this section do not alter the exercise by the Court of First Instance of any power to make orders which is exercisable apart from those provisions.