Recovery of "Deleted" Email

Peter Sommer peter at
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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