CPR r31.22 provides that a party to whom a document has been
disclosed may use the document only for the purpose of the
proceedings in which it was disclosed, except where (inter alia)
the court gives permission. Permission was sought in this case to
use disclosed documents in separate proceedings in Belgium (where
disclosure is only available in a very limited form). The two
proceedings are part of global litigation between members of the
same two groups of companies.
Chief Master Marsh noted that, under English law, "cogent
reasons" are needed before a collateral use is allowed, and
there has to be a balance between the competing interests of
justice. Where the documents are proposed to be used in foreign
proceedings, the English court must assume that European courts
(absent cogent evidence to the contrary) will ensure that their
proceedings are used fairly and therefore that there is no risk of
injustice. Here, it was noted that "Use in legal proceedings
in
