Power of courts to make orders for preserving evidence, etc.

(1)The court may make an order under this section for the purpose of securing, in the case of any existing or proposed proceedings in the court—

(a)the preservation of evidence which is or may be relevant, or

(b)the preservation of property which is or may be the subject-matter of the proceedings or as to which any question arises or may arise in the proceedings.

(2)A person who is, or appears to the court likely to be, a party to proceedings in the court may make an application for such an order.

(3)Such an order may direct any person to permit any person described in the order, or secure that any person so described is permitted—

(a)to enter premises in England and Wales, and

(b)while on the premises, to take in accordance with the terms of the order any of the following steps.

(4)Those steps are—

(a)to carry out a search for or inspection of anything described in the order, and

(b)to make or obtain a copy, photograph, sample or other record of anything so described.

(5)The order may also direct the person concerned—

(a)to provide any person described in the order, or secure that any person so described is provided, with any information or article described in the order, and

(b)to allow any person described in the order, or secure that any person so described is allowed, to retain for safe keeping anything described in the order.

(6)An order under this section is to have effect subject to such conditions as are specified in the order.

(7)This section does not affect any right of a person to refuse to do anything on the ground that to do so might tend to expose him or his spouse to proceedings for an offence or for the recovery of a penalty.

(8)In this section—

“court” means the High Court, and

“premises” includes any vehicle;

and an order under this section may describe anything generally, whether by reference to a class or otherwise.

Disclosure etc. of documents before action begun.

(1)The Lord Chancellor may by order amend the provisions of section 33(2) of the Supreme Court Act 1981, or section 52(2) of the County Courts Act 1984 (power of court to order disclosure etc. of documents where claim may be made in respect of personal injury or death), so as to extend the provisions—

(a)to circumstances where other claims may be made, or

(b)generally.

(2)The power to make an order under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

General

Interpretation.

(1)A court the practice and procedure of which is governed by Civil Procedure Rules is referred to in this Act as being “within the scope” of the rules; and references to a court outside the scope of the rules are to be read accordingly.

(2)In this Act—

“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and

“practice directions” means directions as to the practice and procedure of any court within the scope of Civil Procedure Rules.

Date: 2015-12-18; view: 456