Disclosure

The Commercial Court, in the course of a substantial conspiracy claim brought by Robert Tchenguiz and another party, considered the meaning of “collateral use” in the context of CPR 31.22 and CPR 32.12, in respect of the disclosure of documents in large-scale litigation. The court held that, if the purpose of a review of documents disclosed in litigation was in order to advise on whether other proceedings would be possible or would be further informed, then the review would be a use for a collateral purpose. It held that, in the present case, steps proposed by the defendants, which included the review of certain documents, comprised a collateral use. However, on the evidence, in the circumstances of the case and in the light of the forward case management arrangements, permission was granted for such use.