Senior associate Giles Hall has contributed an article to Thought Leaders 4 which explores how evidence used in criminal proceedings is relevant to contested probate disputes, and when and how to seek disclosure.
He stresses that it is important that practitioners are aware of how to access such material, which may be held by a variety of different bodies, and when to seek access, and that depending on the information available, consideration will need to be given as to whether it is proportionate to seek disclosure from the relevant body.
He goes on to point out that disclosure should be requested at the earliest opportunity, and that the best route to obtaining it is by making a Norwich Pharmacal Order (NPO) application. He adds that the Court will consider the necessity and proportionality of the disclosure requested, meaning what will be disclosed will depend on the circumstances – and adds that the defendant in the civil proceedings may seek to challenge the admissibility regardless of an NPO.
Given the cost and time associated with obtaining disclosure, an early assessment needs to be undertaken as to the benefit (if any) of the exercise, and if the application is considered worthwhile then this should be sought quickly. If information is voluntarily obtained outside the formal court process, in most cases an NPO (by consent) is still preferable, otherwise there is a risk that disclosure may breach legislation and/or confidentiality.
The full article is available to read at Thought Leaders 4.
Giles Hall is a senior associate in the trust, will and estate disputes team. He advises on all facets of trust and estate litigation, handling domestic cases and those with an international dimension.
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