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ARTICLE · 13 FEBRUARY 2018

CPRs Allow For Continued Document Redaction, Rules High Court

Pinsent Masons
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The High Court has ruled that the entitlement to redact documents survived the coming into force of the CPR and applied equally to the right to inspect under CPR 31.14 and to the requirements of standard disclosure...

United KingdomLitigation, Mediation & Arbitration
Tom Withyman
Tom Withyman

Speed Read

LEGAL UPDATE: The High Court has ruled that the entitlement to redact documents survived the coming into force of the CPR and applied equally to the right to inspect under CPR 31.14 and to the requirements of standard disclosure under CPR 31.6.

A Mr and Mrs Thompson had entered into loan agreements and guarantees with the Bank of Scotland (Ireland) Ltd. The Thompsons' loan was part of a wider loan portfolio sale to Ennis Property Finance. The Thompsons defaulted on the loans and guarantees and Ennis sued the Thompsons for the amounts owed.

The Thompsons asked the High Court to force Ennis to disclose unredacted versions of documents relating to the contract of sale and the assignment from Bank of Scotland to Ennis.  Ennis had redacted commercially sensitive and, in its view, irrelevant information in the copies disclosed. The Thompsons claimed that the redacted material may include conditions for the assignment which, if not complied with, would

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