For attorneys’ eyes only? How the UK differs from international standards on disclosure

From an economic perspective, the ideal dispute resolution system would have as little impact as possible on the businesses involved. It would be cheap, so it is not a big drain on their P&L. It would be quick. It would not require large amounts of management time. And it would not disturb the competitive landscape: neither party would achieve a collateral competitive advantage through litigation.

Where parties to litigation are required to disclose confidential information to each other, that could give them a collateral competitive advantage that…