What do we do if we think they are asking for information which is commercially sensitive?

 

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Sarah Perry

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6. What do we do if we think they are asking for information which is commercially sensitive?

Litigation is a public process. So your involvement in court action may result in the publication of personal and business affairs. This is a risk you will have to live with. If it worries you, consider an alternative method of dispute resolution, such as mediation.

You may seek to prevent your opponent from inspecting a document containing material which is potentially harmful to your business, if in the circumstances of the case it would be disproportionate to require you to divulge it. However, your opponent can apply to court to allow inspection of the document, giving reasons for the request.