The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Redaction is the process by which text is obscured or 'masked'. This can be a means of seeking to maintain the confidentiality of information, most commonly, a name (whether or an individual, entity, process, etc).
You should consider if the proceedings are subject to the disclosure pilot in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme, and in particular in relation to the provisions on redaction: Business and Property Courts—the disclosure pilot scheme—Complying with an order for extended disclosure or initial disclosure.
A party is permitted to redact information that does not meet the test for standard disclosure if the information can be blanked out without destroying the sense of the document or making it misleading (Shah v HSBC Private Bank, para ).
Where a party has confirmed under oath, usually by way of affidavit, that the concealed parts do not relate to the matters in question, the court will ordinarily disregard those parts (GE Capital, p 998 and Shah v HSBC Private Bank, para ).
Before the CPR, the redaction of ‘irrelevant’ material was standard practice (see GE Capital). However, the Court of Appeal in Shah confirmed that, when looking at the test for standard disclosure, it is ‘dangerous to apply pre-CPR
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234