In Baroness Lawrence & Ors v Associated Newspapers the High Court has issued a useful reminder of the strict requirements which must be satisfied before the Court will make a third-party disclosure order and the "exceptional" nature of this discretionary
In the long-running privacy lawsuit against Associated Newspapers brought by a group of high-profile claimants including Prince Harry and Elton John, the High Court has reminded practitioners that an applicant seeking disclosure against a third party (a "stranger" to the litigation) must demonstrate that the threshold requirements have been met. Even if the relevant criteria are satisfied, the Court retains a discretion as to whether to make the third-party disclosure order.