Confidentiality in litigation – risks under new pilot scheme

From 1 January 2026, a new pilot scheme has been introduced requiring parties to cases in the Commercial Court and Financial List to file key documents relied upon in proceedings so that they can be accessed by the public. This represents a significant expansion to the current position and will result in many more documents being publicly available by default.

In this short webinar, Adam Brown and Katie Bridge-Adams summarised the rules introduced by the pilot scheme and discussed what they mean for your business. They explored related tactical issues, especially how to minimise leakage of confidential information into the public domain and what applications can be made to restrict public access.