Webb v Lewis Silkin LLP

Webb v Lewis Silkin LLP

The claimant does not need to seek permission from the arbitrator or the court before commencing proceedings against the defendant, as the claim is against a non-party to the arbitration agreement and falls within the exception to arbitral confidentiality where disclosure is reasonably necessary to protect legitimate interests. The application for a stay is refused.

Parties
Claimant: S; Defendant: Lewis Silkin LLP
Jurisdiction
England and Wales
Judgment Date
27 February 2015
Procedural Posture
Civil (arbitration Related) / Interlocutory Application for Stay of Proceedings
Outcome
Application for stay refused
Legal Topics
Arbitral Confidentiality, Misuse of Private Information, Breach of Confidence, Human Rights (article 6 and 8 Echr), Jurisdiction and Stay of Proceedings
Arbitration Confidentiality Civil Procedure Arbitral Confidentiality Misuse of Private Information Breach of Confidence Human Rights (article 6 and 8 Echr) Jurisdiction and Stay of Proceedings

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Parties

S

Claimant

Lewis Silkin LLP

Defendant

Procedural Posture

Civil (arbitration Related) / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the claimant must obtain permission from the arbitrator or the court before commencing proceedings against the defendant for alleged misuse of confidential information arising out of arbitration proceedings
  2. 2 Whether the amended particulars of claim breach arbitral confidentiality
  3. 3 Whether a stay of proceedings should be granted pending such permission

Ratio Decidendi

The claimant does not need to seek permission from the arbitrator or the court before commencing proceedings against the defendant, as the claim is against a non-party to the arbitration agreement and falls within the exception to arbitral confidentiality where disclosure is reasonably necessary to protect legitimate interests. The application for a stay is refused.

Court Disposition

Application for stay refused

Orders

  • Stay of proceedings refused
  • Claimant may proceed without seeking permission from arbitrator or court