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18 September 2026
Issue: 8177 / Categories: Legal News , Arbitration , Dispute resolution , Privacy
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NLJ this week: Privacy meets the courtroom

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Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation

English law implies a duty of confidentiality, covering hearings, documents, submissions and awards; nevertheless, exceptions include consent, court permission, legitimate interests, the interests of justice and perhaps public interest.

Recent cases show the balancing act. In family proceedings, disclosure was confined to what was ‘reasonably necessary’ for a statement in open court. In separate commercial litigation, wide disclosure was allowed where claimants otherwise could not pursue an arguable unlawful-means conspiracy. The sharper the material’s sensitivity, the stronger the justification required under the confidentiality ‘sliding scale’.

The emerging lesson is practical: relevance alone will not do. Parties must show necessity, precision and a genuine justice-based reason to lift the veil.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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