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(1) HENRY WEBSTER (2) JOSEPH WEBSTER (BY HIS MOTHER & LITIGATION FRIEND ELIZABETH WEBSTER) (3) ELIZABETH WEBSTER (4) ROGER DURNFORD v RIDGEWAY FOUNDATION SCHOOL GOVERNORS

When considering whether there should be disclosure of a document mentioned in witness statements, objections to inspection set out in CPR r.31.3, including disproportionality, could be relied upon.

9 June 2009

The first applicant pupil (W) and his family, the second, third and fourth applicants (X) applied for specific disclosure by the respondent school governors. W was a white pupil who had been injured on the school grounds by Asian offenders including other pupils. Those pupils were convicted of wounding with intent. W and X issued proceedings against the governors on grounds that the assault had been caused or contributed to by the governors' negligent conduct in failing to maintain proper disciplinary standards or otherwise take proper care for pupils' security. They alleged that the school had allowed racial tensions to develop and that had resulted in the attack. As part of its standard disclosure, the governors allowed inspection of documents where the names of pupils had been redacted. W and X sought specific disclosure of unredacted copies of items including: the names of pupils that year heads believed had been involved in the climate of racial tension; a log of investigations...

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