The document exists, but I won't let you see it! Confidentiality claims during discovery

Discovery is a key phase in most litigation and often one of the most important.

It is a process ordered by the Court that requires parties to a proceeding to disclose relevant documents to each other to promote efficient conduct of the matter. In addition to avoiding situations where key documents are revealed by surprise or ambush at a final hearing, discovery assists the parties in narrowing the issues between them and can provide a party with a better sense of the strengths and weaknesses of their own case and promoting a settlement of the issues in dispute.

However, in some circumstances, one party to proceedings may seek to limit who can view the documents that it discloses on the basis that they are confidential or commercially sensitive. This article will provide a brief overview of discovery and what happens when a claim for confidentiality is made.