High Court Finds Party Has Practical Control Over Third Parties' Documents For Disclosure Purposes

The High Court has held that documents in the possession of third parties engaged by a group of claimants to assist in litigation were within the control of the claimants and must therefore be searched for the purposes of disclosure: Baroness Lawrence of Clarendon v Associated Newspapers Ltd [2025] EWHC 2930 (KB).

While the facts of this case are somewhat unusual as regards the role of the third parties involved, the decision illustrates the kind of difficult issues in relation to control that are regularly encountered in complex litigation, where there may be a number of third parties in possession of potentially relevant documents. It adds to a growing line of authorities establishing that a party has control over a third party's documents for disclosure purposes not only where there is a legally enforceable right of access, but also where there is an arrangement or understanding which means that the documents are within the party's practical control as a matter