(1) The applicant must, within 3 months after
the issue of a notice of non-party disclosure, serve a copy of the notice
on—
(a) a person, other than a party, about whom information is sought by
the notice; and
(b) if the applicant knows the respondent does not own a
document required to be produced—the owner of the document.
(2) Subrule (1)
does not apply if the applicant’s solicitor—
(a) believes, on reasonable
grounds, that a person who would otherwise be required to be served under
subrule (1) is likely to fabricate evidence or perpetrate fraud if the person
becomes aware of the notice; and
(b) has completed a certificate in the
approved form stating that the solicitor has that belief and that the
interests of justice are likely to be jeopardised if the person were served
with the notice.
(3) A certificate by the applicant’s solicitor under
subrule (2) must be tendered to the court after the close of the applicant’s
case.
(4) Further, subrule (1) (b) does not apply if, after reasonable
inquiries, the applicant can not identify the owner of the document.
(5) The
applicant must write the name and address of anyone who must be served under
this rule on the notice and on all copies of the notice.
