Accordingly, in the present context, it would be appropriate to apply the qualifying
conditions presently defined in O 24 r 7A in respect of disclosures in personal injury
and death claims under section 42(1), namely, that the documents be shown to be (i)
likely to be in the possession, custody or power of the person subpoenaed; (ii) relevant
to an issue arising out of the claim in question; and (iii) by virtue of O 24 r 13,
necessary either for disposing fairly of the cause or matter or for saving costs.
the court's jurisdiction to order post-commencement, pre-trial disclosure from
persons who are not parties to the proceedings applies to all types of cases (and
not merely to personal injury and death claims).
followed when seeking orders referred to in Recommendation 78 should be as
any necessary or desirable modifications.