“…t need to be answered for the purposes of our decision in this case. First, as Toulson LJ explained at [40] in North Shore Ventures Ltd v. Anstead Holdings Inc [2012] EWCA Civ 11: “[i]n determining whether documents in the physical possession of a third party are in a litigant’s control for the purposes of CPR r 31.8, the court must hav…”
“…t becomes clear from the statement of case that there are still disputes of primary fact. As this court said in North Shore Ventures Ltd v Anstead Holdings Inc [2012] EWCA Civ 11, disclosure is a continuing process which is part of case management: [42].…”