In the course of unfair dismissal proceedings, the defendant had disclosed possession of confidential materials of his former employer. The employer began these proceedings based on the materials. Only at a later point when he appointed solicitors was a challenge to made to that use as contempt. The company now appealed against the strike out of its claim with costs.
Held: The appeal succeeded. The judge at first instance had failed to take into account powerful factors weighing in favour of granting permission to use the disclosed documents. The provisions of CPR 31.22 applied by implication to documents disclosed in employment tribunal proceedings. Christopher Clarke LJ (with whom Arden LJ and Barling J agreed) stated that the court would not lightly interfere with the judge’s exercise of discretion under that rule.
Areden, Christopher Clarke LJJ, Barling J
 EWCA Civ 1128,  WLR(D) 360
Civil Procedure Rules 31.22
England and Wales
Appeal from – IG Index Plc v Cloete QBD 11-Dec-2013
The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use . .
Cited – Tchenguiz v Director of The Serious Fraud Office and Others CA 31-Oct-2014
The appellant challenged an order of the Commercial Court refusing permission for documents disclosed in English litigation to be used in litigation proceedings in Guernsey. The principal issue is whether the judge correctly weighed up the . .
See Also – IG Index Ltd v Cloete QBD 21-Dec-2015
Application by the defendant to strike out the claim pursuant to CPR 3.4(2)(b) on the grounds that the proceedings amount to pointless and wasteful litigation, the continuation of which to trial serves no useful purpose for the claimant, squanders . .
See Also – IG Index Ltd v Cloete QBD 16-Sep-2016
Order for costs after decision that the action should not be allowed to go to trial. . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 January 2022; Ref: scu.535450