The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England.
Judges:
Mance VC, Carnwath, Mance LJJ
Citations:
[2004] EWCA Civ 314, [2005] 1 QB 202, [2004] 1 CLC 1099, [2004] 3 WLR 533, [2004] BLR 229, [2004] 2 Lloyd’s Rep 179, [2004] 4 All ER 746, [2004] 2 All ER (Comm) 193
Links:
Statutes:
Arbitration Act 1996 1, Civil Procedure Rules 39.2
Jurisdiction:
England and Wales
Cited by:
Cited – HM Attorney General v British Broadcasting Corporation CA 12-Mar-2007
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was . .
Cited – Napier and Another v Pressdram Ltd CA 19-May-2009
The claimant solicitors appealed against the refusal to grant them an injunction to prevent the publication of the outcome of a complaint against them to the Law society, and of the Ombudsman’s report. They said that the material remained . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
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.
Arbitration, Litigation Practice
Updated: 10 June 2022; Ref: scu.194896
