COURT OF APPEAL GUIDANCE ON REDACTION OF DOCUMENTS: OBJECTIONS SHOULD BE MADE WELL AHEAD OF TRIAL
In Promontoria (Oak) Ltd v Emanuel & Ors  EWCA Civ 1682 the Court of Appeal set out some guidance in relation to the approach of the courts when documents are redacted. In particular issues relating to redaction should not be an issue sprung on the court for the first time at trial.
” … it is in general unsatisfactory for questions as to the extent of redactions to be first raised at trial. The general position under the CPR is that cases should be managed in such a way that by the time the parties get to trial they should know what the evidence is on which they will each be relying, and procedural matters should have all been resolved. “
The claimant brought actions as the assignee of various debts. In each case parts of the assignment the claimant relied on to prove the title to sue were redacted, those parts regarded as being “commercially sensitive”. The defendants appealed on the grounds that the court should not have allowed the claimant to rely on redacted documents to prove title.