The risk that confidential or commercially sensitive information
might have to be disclosed to a competitor in litigation can be a
real concern for commercial parties.
Where the disclosure of certain information might give a
competitor an unfair commercial advantage, the courts may put in
place what is known as a 'confidentiality ring' or
'confidentiality club'. Although not yet a common feature
of Irish litigation, two recent decisions, one in a competition
dispute and the other in a procurement dispute, are welcome
developments in this regard.
IN THE CLUB
Where the court sets up a confidentiality ring or club, certain
restrictions are placed on access to and use of the information in
question. Typically the court will direct that only the
parties' lawyers (and not the parties themselves) and their
experts may inspect the documents. The lawyers and experts will
also be required to undertake not to reveal the contents of the
documents to their clients or other
