Third Parties (Rights against Insurers) Act 2010

Valid from 01/08/2016

Disclosure and inspection where notice given under paragraph 3E+W+N.I.

4(1)Subject to the provisions of this paragraph and to any necessary modifications—E+W+N.I.

(a)the duties of disclosure of a person who receives a notice under paragraph 3, and

(b)the rights of inspection of the person giving the notice,

are the same as the corresponding duties and rights under Civil Procedure Rules of parties to court proceedings in which an order for standard disclosure has been made.

(2)In sub-paragraph (1), in its application to Northern Ireland—

(a)the reference to Civil Procedure Rules is—

(i)in the case of proceedings in the High Court, to be read as a reference to the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346), and

(ii)in the case of proceedings in the county court, to be read as a reference to the County Court Rules (Northern Ireland) 1981 (S.R. 1981 No. 225), and

(b)the reference to an order for standard disclosure is to be read as a reference to an order for discovery.

(3)A person who by virtue of sub-paragraph (1) or (2) has to serve a list of documents must do so within the period of 28 days beginning with the day of receipt of the notice.

(4)A person who has received a notice under paragraph 3 and has served a list of documents in response to it is not under a duty of disclosure by reason of that notice in relation to documents that the person did not have when the list was served.