If both apply, the information can be redacted and the information withheld from the other parties. Only if it is irrelevant does the second consideration of whether the information is confidential arise. The first requirement is that the information proposed to be redacted must be “irrelevant” to the issues in the proceedings.

Privileged information can always be redacted, but for irrelevant information it is a two stage test. In summary: a party can redact a document or part thereof if it is irrelevant and confidential or it is privileged. The DPS does not change the test in relation to what can be redacted but clarifies and codifies the position. A party wishing to challenge the redaction of data must apply to the court by application notice supported where necessary by a witness statement.' (1) irrelevant to any issue in the proceedings, and confidential orġ6.2 Any redaction must be accompanied by an explanation of the basis on which it has been undertaken and confirmation, where a legal representative has conduct of litigation for the redacting party, that the redaction has been reviewed by a legal representative with control of the disclosure process. The Disclosure Pilot Scheme (DPS) – which has recently been approved and will come into force as Practice Direction 57AD on 1 October 2022 – includes an express rule (PD51U.16):ġ6.1 A party may redact a part or parts of a document on the ground that the redacted data comprises data that is. It had a passing reference in CPR 31 and its accompanying practice direction (31APD.6) but there was little specific guidance to its application. Historically, the rules around redacting parts of documents - by way of withholding inspection - did not get much focus. Parties – in the midst of a dispute – have to trust that redactions have been applied appropriately based on the counterparty's solicitor's assurance. Redacting information in documents subject to disclosure has always been a slightly contentious issue.

Disclosure - What information can be redacted?.

Redacted com