Application For Third Party Disclosure Can Be Served Abroad Where The Documents Are Within The Jurisdiction

The Court of Appeal has upheld an order permitting an application for third party disclosure to be served on a respondent outside England and Wales, in circumstances where the documents sought were located in England: Gorbachev v Guriev [2022] EWCA Civ 1270.

The decision shows that the courts may permit an application for third party disclosure to be served on a respondent abroad, at least where the documents are within the jurisdiction. This is contrary to a previous High Court decision which held that none of the jurisdiction "gateways" applied to an application for third party disclosure, though in that case the documents as well as the respondent to the application were abroad.