Recovery of "Deleted" Email
Peter Sommer
peter at pmsommer.com
Mon Aug 15 14:58:51 BST 2011
Norwich Pharmacal is a 1974 House of Lords case.
CPR31 refers to "Disclosure" and PD31B, which came into force in
October 2010, covers "Disclosure of Electronic Documents"
"Facilitating" does not mean "responsibility". Indeed if it did then
the appropriate route would be to join the third party with the
information to the action as as a joint tortfeasor. The whole point is
that a NPO can be made, at the discretion of the judge, if the object of
the order is likely to have information without which the main action
cannot succeed, the information is not available elsewhere, and it is
in the interests of justice.
But NPOs are a side issue in the circumstances Ian Batten was raising;
I just thought I ought to dispose of it in case some-one thought that it
might assist.
Peter Sommer
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