Disclosure - The Libyan Investment Authority V Societe Generale

Case Alert - [2017] EWHC 2631 (Comm)

Whether the claimant could use documents disclosed to it to see if separate proceedings could be brought

CPR r31.22 provides that a party to whom a document has been disclosed in the course of proceedings may use the document only for those proceedings (except where the document has been read in court, the court has given permission or the disclosing party agrees). This is known as the "collateral use" protection.

In this case, documents had been disclosed to the claimant by the defendant in one set of proceedings, and it applied to the court for permission to review those documents in order to investigate whether to seek permission to use those documents in separate proceedings against further parties.