Magistrates' Court General Civil Procedure Rules 2020

This Rule applies to any property not being a document.

In this Rule, applicant means an applicant for an order under the Rule.

If—

there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from an identified person; and

after making all reasonable enquiries, the applicant has not sufficient information to enable the applicant to decide whether to commence a proceeding in the Court to obtain that relief; and

there is reasonable cause to believe that that person has or is likely to have in that person's possession, custody or power any property relating to the question whether the applicant has the right to obtain the relief and that inspection of the property by the applicant would assist the applicant to make the decision—

An order under paragraph (3) may authorise any person to do any of the things referred to in Rule 37.01(2).

On an application under this Rule, the Court may make an order for the costs and expenses of—

the applicant; and

the person against whom the order is sought.

The Court may make an order under this Rule on condition that the applicant give security for the costs and expenses of the person against whom the order is made.