In the case of an arbitration, there is a strong contractual presumption in favour of confidentiality and against non-disclosure. But this may be overridden by a court where necessary to protect a party’s rights against a third party or in other exceptional circumstances where justice requires.
Judges:
Beldam, Potter, Brooke LJJ
Citations:
[1997] EWCA Civ 3054, [1998] CLC 566, [1999] 1 WLR 314, [1998] 2 All ER 136, [1998] 1 Lloyds Rep 643
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.
Evidence, Arbitration
Updated: 29 May 2022; Ref: scu.143453