Cases - Croft House Care Ltd and others v Durham County Council

Record details

Name

Croft House Care Ltd and others v Durham County Council

Date

[2010]

Citation

EWHC 909 (TCC)

Legislation

Civil Procedure Rules 1998

Keywords

Disclosure and public interest immunity - confidential information is not a reason for not disclosing them - right to confidentiality balance need for fairness

Summary

In an application for disclosure the court held that the fact that documents might contain confidential information was not a reason for not providing disclosure of them. The right to confidentiality has to balance the need for the claims to be disposed of fairly.

The test was whether disclosure was necessary for disposing fairly of the proceedings. The local authority’s interest in having an effective competition had to be balanced with it being fair and the need for an applicant to be able to pursue a remedy. Difficulties in re-running the competition were not shown to produce practical issues should the information be disclosed.