Confidentiality of documents

In Winterthur Swiss Insurance Co and another v AG (Manchester) Ltd and others [2006] EWHC 839 (Comm) (The TAG Group Litigation) Aikens J laid down guiding principles affecting the confidentiality of documents generated in the course of a claim supported by an after the event policy.

TAG: the facts

NIG appointed TAG as its underwriting agent for the writing of after the event legal expenses insurance used to fund ‘no win no fee’ litigation (mainly small personal injury claims). TAG issued some 75,603 policies between February 2001 and December 2002. A policy would be issued only after the claim passed a four-stage vetting process which was to ensure that the claim had at least a 50% prospect of success: