Disclosure: privilege, confidentiality and public interest immunity: Part 1

David Burrows Solicitor Advocate:

Disclosure rules in family proceedings are a mixture - sometimes not coherent - of common law (often absorbed from Civil Procedure Rules 1998) case law and rules. Not all of these are necessarily consistent; and it is not clear to what extent certain rules - for example as to full disclosure - apply in the same way to children and to money proceedings. This article is the first in a short series which reviews disclosure privilege and confidentiality the without prejudice rule and public interest immunity.

A subsidiary aim of the series is to alert mediators and others involved in dispute resolution to particular issues which may arise for them in mediation. Is there a conflict between such duties of full relevant disclosure as bind the parties and their and the mediator's duties' of confidentiality? Can a mediator be called to give evidence as to confidential matters if...

Read the full article here.