In Gary Flood v Times Newspapers Ltd : Boris Berezovsky v (1) Commissioner Of Police of The Metropolis (2) Independent Police Complaints Commission – Lawtel 12.3.09 an application for a non-party disclosure order was refused where the applicant had failed to comply with the very strict criteria in CPR r.31.17, particularly the need to show that the disclosure was necessary.

It was held that when determining whether a document or class of documents had a potentially relevant bearing on one or more live issues in the case it was necessary to focus narrowly on the pleadings as they stood, in order to see how the issues had been defined up to that point.