Case Report

(1) WH Holding Ltd (2) West Ham United Football Club Ltd -v- E20 Stadium LLP [2018] EWHC 2578 (Ch)

Date: 05/10/2018

Mr Justice Snowden has handed down his judgment last week on an application by which the Court was invited to review documents which had been heavily redacted by the Defendant on grounds of irrelevance and commercial sensitivity.

The case arises out of the heavily contested litigation involving the owners of West Ham United Football Club (whom Luka represents) and E20 Stadium LLP, the leasehold owner of the former Olympic Stadium.

West Ham applied for the Judge to review in unredacted form documents which had been redacted on the grounds of irrelevance and commercial sensitivity, arguing that an over-aggressive and misguided approach had been adopted to redaction.

The Judge granted West Ham’s application, and agreed to review unredacted copies of documents in question. Whilst the Judge noted that it is usually a “last resort” measure for the Court to review documents, the high hurdle had been met in this case.

The Judge also sounded a cautionary note for those who take an overly broad or aggressive approach to redactions: “[G]iven the difficulties and suspicions to which extensive redaction inevitably gives rise, parties who decide to adopt such an approach in disclosure must take enhanced care to ensure that such redactions are accurately made, and must be prepared to suffer costs consequences if they are not.”

A copy of the judgment can be found at the following link:

https://www.bailii.org/ew/cases/EWHC/Ch/2018/2578.html

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