We desire to make the rule as large as we can with due regard to
propriety; and therefore I desire to give as large an
interpretation as I can to the words of the rule, "a document
relating to any matter in question in the action." I think it
obvious from the use of these terms that the documents to be
produced are not confined to those, which would be evidence either
to prove or to disprove any matter in question in the action;
It seems to me that every document relates to the matters in
question in the action, which not only would be evidence upon any
issue, but also which, it is reasonable to suppose, contains
information which may--not which must--either directly or
indirectly enable the party requiring the affidavit either to
advance his own case or to damage the case of his adversary. I have
put in the words "either directly or indirectly," because, as it
seems to me, a document can properly be said to contain information
which may enable the party requiring the affidavit either to
advance his own case or to damage the case of his adversary, if it
is a document which may fairly lead him to a train of inquiry,
which may have either of these two consequences.
Lord Justice Brett (20 Dec 1882)
The Compagnie Financiere et Commerciale du Pacifique v The Peruvian Guano Company (1882) 11 QBD 55 (1882) [IN THE COURT OF APPEAL.] 1882 Dec. 20