Disclosure of Documents in UK Law

Leading Cases
  • Schmidt v Rosewood Trust
    • Privy Council
    • 27 Março 2003

    Their Lordships consider that the more principled and correct approach is to regard the right to seek disclosure of trust documents as one aspect of the court's inherent jurisdiction to supervise, and if necessary to intervene in, the administration of trusts.

  • Tweed v Parades Commission for Northern Ireland
    • House of Lords
    • 13 Dezembro 2006

    But even in these cases, orders for disclosure should not be automatic. The test will always be whether, in the given case, disclosure appears to be necessary in order to resolve the matter fairly and justly.

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Junho 1973

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

  • Doncaster Pharmaceuticals Group Ltd v Bolton Pharmaceutical Co 100 Ltd
    • Court of Appeal (Civil Division)
    • 26 Maio 2006

    In my judgment, the court should also hesitate about making a final decision without a trial where, even though there is no obvious conflict of fact at the time of the application, reasonable grounds exist for believing that a fuller investigation into the facts of the case would add to or alter the evidence available to a trial judge and so affect the outcome of the case.

  • Emmott v Michael Wilson and Partners Ltd
    • Court of Appeal (Civil Division)
    • 12 Março 2008

    On the authorities as they now stand, the principal cases in which disclosure will be permissible are these: the first is where there is consent, express or implied; second, where there is an order, or leave of the court (but that does not mean that the court has a general discretion to lift the obligation of confidentiality); third, where it is reasonably necessary for the protection of the legitimate interests of an arbitrating party; fourth, where the interests of justice require disclosure, and also (perhaps) where the public interest requires disclosure.

  • Science Research Council v Nassé ; Leyland Cars Ltd v Vyas
    • House of Lords
    • 01 Novembro 1979

    There is no principle in English law by which documents are protected from discovery by reason of confidentiality alone. There is no principle in English law by which documents are protected from discovery by reason of confidentiality alone.

  • R v Keane
    • Court of Appeal (Criminal Division)
    • 14 Março 1994

    We prefer to say that the outcome in the instances given by Lord Esher and Mann LJ results from performing the balancing exercise not from dispensing with it. If the disputed material may prove the defendant's innocence or avoid a miscarriage of justice, then the balance comes down resoundingly in favour of disclosing it.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 01 de Janeiro de 2018
    ...... (c) (c) retrieval, consultation or use, . (d) (d) disclosure by transmission, dissemination or otherwise making available, . (e) (e) ... means personal data contained in a judicial decision or in other documents relating to the investigation or proceedings which are created by or on ......
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • 01 de Janeiro de 2013
    ......SCH-1.14 . . 14. Protected disclosure claims: notification to a regulator . If a claim alleges that the ... of the response, the Employment Judge shall consider all of the documents held by the Tribunal in relation to the claim, to confirm whether there ......
  • Policyholders Protection Act 1975
    • UK Non-devolved
    • 01 de Janeiro de 1975
    ...... on the insurance industry for the purpose; to authorise the disclosure of certain documents and information to persons appointed by the Secretary ......
  • Administration of Justice Act 1970
    • UK Non-devolved
    • 01 de Janeiro de 1970
    ...... S-31 . Power of court to order disclosure, etc. of documents before commencement of proceedings. 31 Power of court ......
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Books & Journal Articles
  • The USA PATRIOT Act: new adventures in American extraterritoriality
    • Núm. 10-2, April 2003
    • Journal of Financial Crime
    • 104-116
    Gives the background to the Act, whose Title III was meant in part to deal with financial secrecy jurisdictions. Reviews the antagonism of American courts towards financial secrecy when it interfer...
    ...... theanalytic framework for US courts ordering produc-tion of documents (such as banking records) fromjurisdictions with secrecy laws.8Societe ... instigate a con¯ict between thesecrecy laws preventing disclosure by the banks andthe punitive provisions of USA PATRIOT. Finan-cial ......
  • Disclosure of trust documents
    • Núm. 28-2, March 1965
    • The Modern Law Review
  • Matrix Churchill and Public Interest Immunity
    • Núm. 56-4, July 1993
    • The Modern Law Review
    ...... public interest immunity certificates in relation to documents pertaining to the case, it was asserted by the Attorney- ... the interests of justice in the particular case require disclosure of some or all of the documents in issue. Such a claim must be ......
  • The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’
    • Núm. 73-1, February 2009
    • Journal of Criminal Law, The
    This article considers the suspension of the self-incrimination privilege in care proceedings and the consequences for respondents and defendants implicated in civil and criminal trials relating to...
    ...... and criminal proceedings and where different rules apply to the disclosure of fact, a respondent in a civil trial later facing criminal proceedings ... the parties are compelled to answer questions and to produce documents. The Supreme Court Act 1981 detailed this compulsion with reference to ......
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Law Firm Commentaries
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