Third Party Procedure in UK Law

(iv) it is not sufficient that the Applicant merely wants to find out whether or not the third party has such material documents. This procedure must not be used as a disguised attempt to obtain discovery.

In my opinion, if the real purpose of interlocutory relief in a judicial review case is to prevent executive action by a third party being carried out pursuant to the decision under attack, the more suitable procedure would be to have the third party in question joined and then to seek an interlocutory injunction against that party, rather than to seek a stay of the decision.

In my view, some force is given to Naftogaz's submission by the fact that the effect of an interim third party debt order is to freeze the debt in question (for example, money in the judgment debtor's bank account) up to the amount of the judgment debt. In that respect, it is not unlike a freezing order, though it is directed at the third party not the judgment debtor.

It should be recorded that with effect from 6 April 2011 the rules position will change with the introduction of the new Family Procedure Rules 2010 in place of the existing Family Proceedings Rules 1991. The 2010 rules remove the default application to family proceedings of the RSC. They are plainly modelled generally on the CPR, and include a re-statement (in slightly different terms) of the overriding objective, but the CPR continue not to apply directly to family proceedings.

These principles have been applied in a number of subsequent cases, but it is unnecessary to consider them in detail because they all turn to a greater or lesser degree on their own facts.

We think it important to emphasise that the only immutable principle is that the discretion must be exercised justly. It should also be recognised that, since the decision involves an exercise of discretion, limited assistance is likely to be gained from the citation of other decisions at first instance in which judges have or have not granted an order of this kind.

The Asbestos Victims Support Groups Forum UK (“the Forum”) is an unincorporated association providing help and support to people who suffer from asbestos-related diseases and their families. It is also involved in lobbying and promoting asbestos knowledge and safety. No particular case was identified but it was said that they would assist in current cases.