My comments below are based upon the charity ceasing in all aspects, including a total exhaustion of its assets. If its assets have been transferred to another charity by way of a scheme, I believe that would also likely transfer the legal right to the charity’s papers, so that the trustees of the now defunct charity have no right in them.
If it were a private trust, would not the trustees at the time of winding up/dissolution, in their capacity of trustees, “own” the papers?
If the reason for obtaining the papers is in connection with the, now defunct, charity then, subject to my opening comment, I would suggest they retain the right to request them. However, this might also depend on whether the court action is to be defended or pursued by them as trustees. If the latter, then I believe this needs to be sanctioned by the Attorney General or the Charity Commission.
If the court action is not one in which the trustee are involved as trustees, then I suggest the file falls under the control of the Attorney General, whose consent to its release should be obtained (by the trustees).