What do I do if I believe the information being asked for is commercially sensitive?

Litigation, or the process of legal action, is public. Your involvement in court proceedings could result in your personal and business affairs being made public. If you wish to take legal action, this is a risk you must consider. If this is a worry for you, you could consider alternative dispute resolution procedures, such as mediation. If you are in construction then you may be able to use adjudication.

If documents or information are requested by the other party during litigation that may harm your business, you can seek to prevent them from viewing it if their disclosure is disproportionate to the dispute. They may still apply to the court for permission to inspect it, however, if they can justify their request.  Issues at the margins of disclosure and privilege can be legally complex and you should take the advice of an experienced litigation solicitor.