--(1) When deciding whether to make an order for specific disclosure, the court must consider whether specific disclosure is necessary in order to dispose fairly of the claim or to save costs.
--(2) It must have regard to-
----(a) the likely benefits of specific disclosure;
----(b) the likely cost of specific disclosure; and
----(c) whether it is satisfied that the financial resources of the party against whom the order would be made are likely to be sufficient to enable that party to comply with any such order.
--(3) Where, having regard to paragraph (2)(c), the court would otherwise refuse to make an order for specific disclosure it may however make such an order on terms that the party seeking that order shall pay the other party's costs of such disclosure.
--(4) Where the court makes an order under paragraph (3) it must assess the costs to be paid in accordance with rule 67.11
--(5) The party in whose favour such an order for costs was made may apply to vary the amount of costs so assessed.
Notes
Back to Part (28. Disclosure and Inspection of Documents)