http://www.bailii.org/ew/cases/EWHC/Ch/2017/1893.html


  • A party receiving disclosure is entitled to use the documents to raise new causes of action in the same proceedings without fear of being in breach of CPR 31.22.
  • The same applies if the new causes of action involve a person who is not currently a party but who could properly be joined as a co-defendant.
  • If however the new causes of action are “entirely separate and distinct” from the existing proceedings, so that they could not sensibly or properly be brought in those proceedings, then using the documents to raise those causes of action will engage CPR 31.22.
  • In those circumstances, the party wishing to bring (or threaten) new proceedings on the basis of the disclosed documents will first need to obtain the consent of the party who disclosed the documents or the permission of the court.

http://hsfnotes.com/litigation/2017/...ed/#more-11508