Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Confidential information definition

What does Confidential information mean? In legal practice, confidential information is information not in the public domain that is protected because it was given in confidence or because disclosure is prohibited by statute or court order. It underpins duties in NDAs, employment and trade secrets protection, and is enforced through the common law of breach of confidence, typically by injunctions and damages. For local authorities in England and Wales, section 100A(3) of the Local Government Act 1972 defines confidential information for council meetings and papers as: information supplied by a government department on terms forbidding public disclosure; and information whose public disclosure is prohibited by...

2016 evidence and disclosure update: predictive coding, confidentiality, without prejudice, privilege, witness and expert evidence (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

Key evidence and disclosure decisions 2016—what do you need to know?

ARCHIVED: This Practice Note is no longer maintained and is provided for background only. In addition, some links may not take you to the provisions as they were at the time this guidance was issued.

In 2016 there were, among other matters, developments relating to:

predictive coding—see below
disclosure of confidential information—see below
without prejudice communications—see below
the court’s duty to scrutinise evidence—see below
privilege—see below
use of interim witness statements at trial—see below
concurrent expert evidence—see below

Predictive coding

In Pyrrho investments v MWB Property, the court endorsed, for the first time, the use of predictive coding technology during disclosure. It highlighted the advantages of the approach and set out considerations for deciding whether the software is appropriate in a particular case. Soon after, the Chancery Division in David Brown v BCA Trading again directed the use of predictive coding, this time despite the technology being contested...

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Web page updated on 21/05/2026

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