Chodiev v Stein


Reference:
[2016] EWHC 1210 (Comm)

Date:
16th June 2016

Court:
Commercial Court

Facts:

The Claimants brought an action to set aside judgment obtained in previous Commercial Court proceedings on the grounds that it was obtained by fraud. The Defendant subsequently applied for an order pursuant to CPR 31.22(2) restricting the use of documents which had been or may have been read to or by the Court during the course of a 5-day summary judgment hearing on the basis that the documents were confidential, their use had been incidental and there was no public interest in the documents being in the public domain.


Judge:
Mr Justice Leggatt

Comment:

Caley acted as junior for the Respondents, instructed by Hogan Lovells, successfully resisting the application.

The judgment considers the important principle of open justice and how it should be balanced against considerations such as confidentiality, stressing the importance of restrictions being in the public interest and not the interests of particular litigants.



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