England and Wales Case Law

Eurasion Natural Resources Corporation Limited v The Director of the Serious Fraud Office

The SFO's redactions for PII are upheld as the balance lies in favour of non-disclosure. The Court refused to inspect privilege redactions, finding no necessity or desirability. The SFO's approach to irrelevant/confidential redactions was too narrow; a further review by SFO lawyers is ordered. Confidentiality in Document A was not lost by reference in open court. Waiver by reliance in pleadings has not occurred, but SFO must elect whether to amend its pleading within a specified period.

Source excerpt

• Redactions
• Litigation privilege
• Irrelevant and confidential information
• Implied waiver
• Open justice
• Confidentiality

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Eurasian Natural Resources Corporation Ltd v The Director of the Serious Fraud Office & Ors

Eurasian Natural Resources Corporation Ltd v The Director of the Serious Fraud Office & Ors [2023] EWHC 2488 (Comm) (09 October 2023)

The High Court upheld PII and privilege redactions in the Byrne Report, refused inspection of the unredacted document, and ordered no further explanation.

• Redactions
• Public interest immunity (pii)
• Litigation privilege
• Irrelevant and confidential information
• Disclosure practice direction 57ad
• Public-interest-immunity

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The Competition And Markets Authority (CMA) v Concordia International RX (UK)

Court of Appeal held that PII material may be considered in a closed procedure on a warrant challenge under the Competition Act 1998, and cannot be shared in a confidentiality ring.

• Search warrants
• Closed material procedure
• Confidentiality rings
• Disclosure
• Judicial review
• Competition-law

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Henry v News Group Newspapers Ltd & Ors

Third-party disclosure under CPR 31.17 was largely refused in this libel case, with only two specific NHS Trust record entries ordered disclosed.

• Third party disclosure
• Cpr 31.17
• Necessity and relevance
• Public interest immunity
• Medical confidentiality
• Balancing competing interests

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Savage v Chief Constable Of Hampshire

Savage v Chief Constable Of Hampshire [1997] EWCA Civ 943 (6th February, 1997)

A police informer is not automatically precluded by public interest immunity from disclosing his identity in civil proceedings if he wishes to do so and there is no overriding public interest against such disclosure; procedural difficulties in discovery do not justify striking out a claim that is otherwise seriously arguable.

Source excerpt

• Police informers
• Public interest immunity
• Contractual liability of police
• Disclosure of informers' identity
• Striking out pleadings

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