Third party disclosure rules in Small Claims Track [CPR 31.17]

[R0b]

Not really. The confidentiality notice was presumably sent by the company to the ex-client being the intended recipient, so the notice itself would have only applied in respect of the email being sent to the specific person i.e. the ex-client. I don't think that the confidentiality notice would necessarily flow down.

Even still, the points we have all raised in this thread suggests that you should let the company raise the issue of confidentiality. Unless they are being represented by a solicitor or barrister in the know, it might not even get picked up and even if it does, a judge might think it worthwhile to allow the document to be used as evidence to support your case.

Only you can decide whether you want to take that risk or not, I would say it's worth the risk but it isn't my case.

[alexjones_26]

"so the notice itself would have only applied in respect of the email being sent to the specific person i.e. the ex-client. I don't think that the confidentiality notice would necessarily flow down. "

Yeah I'm with you on that - but my concern is that the Defendant will complain to the court that the ex-client should not have disclosed it to me in the first place. Hopefully that's not a problem, or if it is, it's overcome by the importance of the document.

I think I will go ahead as we have discussed, with the incriminating email exhibited in my witness statement. I will run the clock down and make sure he gets it with as little time as possible (14 days) before the hearing, so he has the least amount of time to make any application to try and prevent me from using the document.

Thanks for your advice in the matter, R0b.