CIVIL PROCEDURE BACK TO BASICS 42: NON-DISCLOSURE OF DOCUMENTS DURING THE COURSE OF PROCEEDINGS

May 7, 2019 · by · in Applications, Civil evidence, Civil Procedure, Disclosure

This post arises out of a Twitter discussion. Someone was reporting that documents that had been disclosed during the course of  ongoing litigation were being put  copied onto  social media. Is this allowed?

THE RULES: NON-DISCLOSURE OF DOCUMENTS

This is dealt with in CPR 31.22

Subsequent use of disclosed documents and completed Electronic Documents Questionnaires

31.22

(1) A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed, except where –

(a) the document has been read to or by the court, or referred to, at a hearing which has been held in public;

(b) the court gives permission; or

(c) the party who disclosed the document and the person to whom the document belongs agree.

(2) The court may make an order restricting or prohibiting the use of a document which has been disclosed, even where the document has been read to or by the court, or referred to, at a hearing which has been held in public.

 

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