Jurisdiction(s):
United Kingdom

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Key definition

Redaction definition

What does Redaction mean? Redaction is the process of obscuring or removing text or data from a document before disclosure, inspection or publication so the withheld material cannot be viewed or reconstructed. The term is descriptive rather than a defined legal concept, but it is recognised across civil and criminal procedure, data protection and freedom of information regimes in England & Wales, Scotland, Northern Ireland and Ireland. It is typically used to withhold legal professional privilege, without prejudice communications, confidential or commercially sensitive information, personal data protected by the UK GDPR/EU GDPR and the Data Protection Acts 2018, national security or public interest immunity material,...

How to comply with CPR PD 57AD Disclosure Scheme: Extended Disclosure, Disclosure Certificates, production, privilege, redactions, inadvertent disclosure, applications, sanctions and collateral use (Business and Property Courts, England and Wales)

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Practice notes

This Practice Note addresses compliance with disclosure orders and the obligations under the Disclosure Scheme operating in the Business and Property Courts (B&PCs) pursuant to CPR PD 57AD. It offers guidance on completing the Disclosure Certificate, the procedure for providing Extended Disclosure (where ordered), and the production of disclosure documents under the Scheme (covering withholding and Redaction, Confidentiality, and inadvertent disclosure), together with guidance on the consequences of failing to comply with disclosure orders and obligations. The Disclosure Scheme commenced on 1 October 2022 following a disclosure pilot scheme. Judgments under the pilot scheme remain relevant and are included below. Note: regrettably, the structure of CPR PD 57AD means there is not always full consistency in how provisions are arranged as between those concerning disclosure generally under the Scheme and those dealing solely with Extended Disclosure. The material below therefore supplies context for provisions that are exclusively concerned with Extended Disclosure orders, as well as those of broader application.

What guidance is there in the Disclosure Scheme on the process for giving Extended Disclosure?

CPR PD 57AD, Appendix 2, ‘Guidance on process after any order for Extended Disclosure has been made’ provides...

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