header-logo header-logo

18 September 2026
Issue: 8177 / Categories: Legal News , Arbitration , Dispute resolution , Privacy
printer mail-detail

NLJ this week: Privacy meets the courtroom

259133
© Rawpixel.com/shutterstock
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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll