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9 Disclosure

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Information exchange — Appeals — Damages — Judicial remedies

This chapter focuses on disclosure in the High Court and the Competition Appeal Tribunal (CAT) with respect to claims for damages for breach of the competition rules. It first considers the legal framework for disclosure in the High Court, how to make an application when seeking disclosure or inspection of evidence relating to a competition claim, and the specific nature of the application. It then discusses pre-action disclosure, early disclosure, disclosure at first case management conference, specific disclosure, disclosure from non-parties, and disclosure in judicial review. After describing the CAT rules for disclosure in appeals and judicial review proceedings and disclosure in damages claims, the chapter analyses issues relating to disclosure and inspection of confidential information. It also explains the basic principles underlying disclosure and privilege, before concluding with an overview of how requests for information are made under the Freedom of Information Act 2000.

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