Attempting to reconcile Kitchenham and Tanner: Practical considerations in obtaining productions protected by deemed and implied undertakings
The deemed undertaking and implied undertaking rules were created to protect the privacy interests of a party compelled to disclose information in a proceeding, and to foster full and frank disclosure. These objectives are achieved by deeming the receiving party to have given an undertaking to the court that it will not use the disclosed information for any collateral or ulterior purpose outside of the litigation.
The Advocates' E-Brief, Volume 21, No. 3, Summer 2010