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England and Wales Case Law

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Intellectual property [2026] EWHC 1113 (Ch)

Merck KGaA v Merck Sharp & Dohme LLC & Ors

Merck KGaA v Merck Sharp & Dohme LLC & Ors [2026] EWHC 1113 (Ch) (15 May 2026)

The court held that MSD remained bound by the confidentiality agreement and could not use the disclosed documents for collateral purposes without a targeted application.

  • Confidentiality of disclosed documents
  • Collateral use of documents
  • Open justice principle
  • Contractual confidentiality agreements
  • Cpr 31.22
  • Trade secrets
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Family law [2026] EWHC 412 (Fam)

NG (A Child), Re (Disclosure of Asylum Documents)(No 1)

NG (A Child), Re (Disclosure of Asylum Documents)(No 1) [2026] EWHC 412 (Fam) (25 February 2026)

The High Court ordered disclosure of asylum documents in a child return dispute, with redactions and strict limits on collateral use.

  • Disclosure of asylum documents
  • Child abduction
  • Inherent jurisdiction
  • Confidentiality in asylum proceedings
  • Article 6 echr
  • Article 8 echr
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Financial services regulation

Ancean Limited v The Financial Conduct Authority

The Upper Tribunal held that FSMA’s confidentiality regime displaces any collateral-use rule for documents provided to the FCA in reference proceedings.

  • Collateral use of documents
  • Implied undertaking
  • Statutory confidentiality
  • Tribunal procedure
  • Disclosure obligations
  • Financial-services-regulation
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Civil procedure [2025] EWHC 1763 (Comm)

AAA v BBB & Ors (Re Consequentials)

AAA v BBB & Ors (Re Consequentials) [2025] EWHC 1763 (Comm) (04 July 2025)

The court refused permission for collateral use of materials from a discharged freezing order, finding no jurisdiction for fresh relief and serious disclosure breaches.

  • Worldwide freezing orders
  • Collateral use of documents
  • Full and frank disclosure
  • Jurisdiction under arbitration act 1996
  • Sanctions for non-disclosure
  • Freezing-orders
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Commercial law

Eraaya Lifespaces Limited v Elara Capital Plc & Ors

The Commercial Court refused Eraaya’s mandatory injunction for release of $40m bond proceeds, joined the bondholders, and granted retrospective collateral-use permission.

  • Interim mandatory injunction
  • Joinder of parties
  • Collateral use of documents
  • Proprietary claims
  • Quistclose trust
  • Express trust
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Commercial law [2025] EWHC 1506 (Comm)

Eraaya Lifespaces Ltd v Elara Capital PLC & Ors

Eraaya Lifespaces Ltd v Elara Capital PLC & Ors [2025] EWHC 1506 (Comm) (18 June 2025)

The Commercial Court refused Eraaya’s mandatory injunction for release of $40 million bond proceeds, joined the bondholders, and addressed collateral use of disclosed materials.

  • Interim injunctions
  • Mandatory injunctions
  • Trusts (express, quistclose, constructive)
  • Bond issuance disputes
  • Collateral use of documents
  • Joinder of parties
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Civil procedure [2025] EWHC 632 (Ch)

Segulah Medical Acceleration AB & Ors v Tripathi & Anor

Segulah Medical Acceleration AB & Ors v Tripathi & Anor [2025] EWHC 632 (Ch) (21 March 2025)

The High Court held that the BVI injunction did not breach a non-enforcement undertaking, refused to set aside permission for collateral use, and rejected a tracing application on one issue.

  • Freezing injunctions
  • Proprietary injunctions
  • Disclosure orders
  • Non-enforcement undertakings
  • Tracing of assets
  • Collateral use of documents
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Media law

Baroness Lawrence of Clarendon OBE v Associated Newspapers Limited

The court held that each claimant has a real prospect of defeating a limitation defence under s.32 Limitation Act 1980, as there are material disputes of fact regarding concealment and discoverability of the alleged unlawful acts, which require determination at trial. The court further held that the Ledgers are subject to a continuing restriction order from the Leveson Inquiry, and pleadings relying on information from the Ledgers cannot proceed unless the restriction is lifted. Temporary reporting restrictions and anonymity for journalists were justified at this interlocutory stage to protec…

  • Misuse of private information
  • Limitation of actions
  • Summary judgment
  • Restriction orders
  • Reporting restrictions
  • Public inquiries
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.