Source: All England Reporter
Publisher Citation: [2008] All ER (D) 57 (Jun)
Neutral Citation: [2008] EWCA Civ 612
Court: Court of Appeal, Civil Division

Lord Phillips of Worth Matravers CJ, Jacob and Lloyd LJJ

Representation Sir Sydney Kentridge QC and Gerard Rothschild (instructed by Ashurst LLP) for Virgin.
  Ian Glick QC and Kelyn Bacon (instructed by Herbert Smith LLP) for Sky.
Judgment Dates: 6 June 2008


Disclosure and inspection of documents - Collateral use of information obtained - Undertaking not to use disclosed documents for collateral or ulterior purpose - Three sets of proceedings between parties - Commercially sensitive documents - Parties agreeing to restrict dislosure of sensitive documents to identified external legal advisers who would give express undertakings not to disclose them - Application by defendant for order restricting inspection of sensitive documents, to lawyers who were not acting for claimant in other proceedings - Whether application should be granted - Civil Procedure Rules, , Pt 31.22(1)(b).

The Case

The duty not to make ulterior use of disclosed documents obtained from an opponent in litigation was different in principle to the obligation of confidentiality that existed between a solicitor and his own client. The difference was that in the former case the court could give permission pursuant to CPR31.22(1)(b) for the use of a disclosed document for a purpose other than the action in which it had been disclosed.

Practice Areas

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