The House considered an application for discovery of sensitive documents.
Lord Edmund-Davis said: ‘A judge may well feel that he cannot profitably embark on such a balancing exercise without himself seeing the disputed documents. May he take a peep?’ and ‘But it has been suggested that the position is otherwise where the ‘class’ claim is not challenged. I see no reason why this should be so once it is postulated that the ‘withheld’ class documents are ‘likely’ to contain material substantially useful to the party seeking discovery. That qualification is necessary for what is no more that a ‘fishing expedition’ ought not to be advanced by the judge’s having a peep to see whether they contain an attractive catch.’
Lord Keith of Kinkel said: ‘There can be no doubt that the court has the power to inspect the documents privately. This was clearly laid down in Conway v Rimmer . . I do not consider that the exercise of such power, in cases responsibly regarded by the court as doubtful, can be treated as itself detrimental to the public interest.’
Judges:
Lord Edmund-Davis, Lord Keith of Kinkel
Citations:
[1979] UKHL 4, [1980] AC 1090
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 06 July 2022; Ref: scu.241352