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Protection of confidential information in litigation

April 3, 2024

Via: LexBlog

As a general rule, court proceedings and the related documents are open to the public. There is an important reason for that: justice must not only be done, it must be seen to be done. But what if that would lead to the disclosure of valuable and confidential commercial information to the opposing party or the public at large?

The UK judgment in LzLabs, applying well-established principles, is a good example of the practical approach the courts in the UK and South Africa will follow to balance the competing interests of open justice and confidentiality protection.

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