Category Archives: Confidentiality

High Court guidance on non-party access to court documents

In the context of the phone hacking litigation, the High Court has considered the principles governing which court documents are publicly available: Various claimants v News Group Newspapers Ltd and another [2012] EWHC 397 (Ch). Under CPR 5.4C a non-party … Continue reading

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Filed under Confidentiality, Statements of case

High Court restrained use of privileged documents disclosed inadvertently

The recent High Court decision in London Borough of Redbridge and another v Johnson [2011] EWHC 2861 (QB) is a reminder that where privileged documents are disclosed inadvertently (here pursuant to a subject access request under section 7 of the Data … Continue reading

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Filed under Confidentiality, Privilege

Non-party access to witness statements and skeleton arguments

Two recent cases have considered the circumstances in which non-parties can gain access to certain court documents.

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Filed under Confidentiality, Evidence

Keeping settlement terms confidential

A recent High Court decision has important practical implications for the drafting and filing of Tomlin orders, which are commonly used to record agreed terms of settlement: ABC Ltd v Y [2010] EWHC 3176 (Ch). The judgment also helpfully reviews … Continue reading

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Filed under Confidentiality, Settlement

Court of Appeal takes strict approach on private hearings

In a recent judgment, the Court of Appeal has taken the opportunity to clarify that a private hearing or party anonymisation will be granted in the Court of Appeal only if, and only to the extent that, the court is … Continue reading

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Filed under Confidentiality