FOIL Update – Cape Intermediate Holdings Ltd

• FOIL
• FOIL Ireland
• FOIL select
• London FOIL

Following the conclusion of two sets of proceedings (in which they had not taken part), the claimants/respondents’ solicitors applied for disclosure, in effect, of all documents used at or disclosed in the trial of one set of those proceedings. A Master made an order permitting disclosure (by obtaining copies of the records of the court) of a substantial number of specified documents. The Court of Appeal allowed an appeal by the appellant, limiting the disclosure to the respondent to (i) statements of case held by the court pursuant to Rule 5.4C; (ii) provision by the appellant of witness statements, expert reports and written submissions, and (iii) ordering that the application for further disclosure be listed before the trial judge or another High Court judge to decide whether any other documents had lost confidentiality and had been read out in court or by the judge, or where inspection by the respondent was necessary to meet the principle of open justice.