- Judicial guidance on redacted documents (Promontoria (Oak) Ltd v Emanuel)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: In Promontoria (Oak) Ltd v Emanuel, the Court of Appeal examined how a trial judge should deal with a redacted document on which the claimant needs to rely to prove its title to sue. It confirmed that the starting point was the guidance given in Hancock v Promontoria (Chestnut) Ltd and provided additional advice. To that end it stressed that there is no absolute rule requiring disclosure of the whole unredacted document but the ultimate question for the court must be whether it can reach a safe conclusion on the effect of the document in its redacted form. It further stressed that it is generally unsatisfactory to query redactions at trial and should rather be raised on an interlocutory application or at a case management conference. Written by Kirsten Fleming, managing associate at Addleshaw Goddard LLP.
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