- Collateral use of documents in related proceedings (Lakatamia v Su)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The use of disclosed documents by a receiving party outside of the proceedings in which they are disclosed can often be fraught with danger for practitioners and their clients. Here, Lakatamia applied under CPR 31.22 for permission to use disclosed documents in related proceedings (the Collateral Use Application), but was faced with an argument that it had already been using the documents without the court’s permission in breach of its undertaking prohibiting collateral use. Notwithstanding that Lakatamia was held to be in breach, retrospective permission for collateral use was granted. The case provides some useful guidance as to what is and what is not permitted, and the circumstances in which retrospective permission may be ordered. Written by Jon Felce, partner at PCB Litigation LLP.
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