[2011] EWCA Civ 1411

The requirement of standard disclosure to disclose documents that adversely affected another party's case was not confined to documents which adversely affected another party's case as against a party other than the disclosing party. Where the Serious Organised Crime Agency had intelligence reports which adversely affected the defendants' case but on which it did not wish to rely it was right to vary a standard disclosure order to omit the requirement to disclose them pursuant to CPR r.31.5(2) and it was not necessary to require the agency to apply under r.31.19 to withhold disclosure on public interest grounds.

CA (Civ Div) (Carnwath LJ, Stanley Burnton LJ, Sir Robin Jacob)

29/11/2011