Hinduja v Hinduja & Anor [2026] EWCOP 34 (T3)

Judgment concerning whether documents produced in the Court of Protection can be used in other proceedings

This hearing arises from long running proceedings disputes involving various members of the Hinduja family. It is an application by one of the family concerning documents disclosed into the Court of Protection proceedings and whether they can be used in other proceedings, and if so on what terms. Bacon J, sitting as a nominated judge in the Court of Protection, sums up the complexities in [3]
 
"The ostensible simplicity of the question of whether documents disclosed into one set of proceedings can be used in other proceedings is belied in this case by three complicating features: first, the documents in issue are covered by an intricate set of restrictions and protections arising under various different orders and procedural rules; secondly, the documents are sought to be used in two different sets of actual or contemplated proceedings in different jurisdictions; and thirdly, the terms of Sanjay's application have materially changed since it was first made."

After reviewing the relevant legal principles and the documents themselves he classifies them in six subsets, two of which were not privileged.  The conclusions for each subset are set out in [100].

Read the judgment on Bailii