In re Esteem Settlement v [2002] JLR 213 (08 March 2002)

The court held that the implied undertaking applies to all documents disclosed under compulsion of court, not just those disclosed pursuant to an order for discovery.

Citation: [2002] JLR 213
Parties: Applicant: Esteem Settlement
Jurisdiction: Jersey
Judgment Date: 08 March 2002
Procedural Posture: Civil Procedure / Interlocutory Application Regarding Discovery
Outcome: Application granted
Legal Topics: Discovery, Implied Undertaking, Use of Documents

Civil Procedure Discovery Implied Undertaking Use of Documents

Case Brief

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Parties

Esteem Settlement

Applicant

Procedural Posture

Civil Procedure / Interlocutory Application Regarding Discovery

Legal Issues

1 Whether documents disclosed under compulsion of court may be used outside the action for which they were sought
2 Scope of implied undertaking regarding use of discovered documents

Ratio Decidendi

The court held that the implied undertaking applies to all documents disclosed under compulsion of court, not just those disclosed pursuant to an order for discovery.

Court Disposition

Application granted

Orders

Documents disclosed under compulsion of court are to be used only in the action for which they were sought