CONTRA SPOLIATOREM TAISYKLĖ IR JOS TAIKYMO RIBOS PASLAPTĮ SUDARANČIOS INFORMACIJOS ATŽVILGIU
THE CONTRA SPOLIATOREM RULE AND ITS SCOPE OF APPLICATION IN RELATION TO CONFIDENTIAL INFORMATION

Summary/Abstract: This article analyses the importance of the contra spoliatorem rule in civil proceedings, examining how it ensures balance between parties’ rights to litigate and their duty to cooperate. It reveals that this rule enables the court to draw procedural conclusions in cases where a party deliberately fails to fulfil their duty to cooperate and submit relevant evidence in order to gain a procedural advantage. However, it is emphasised that application of the contra spoliatorem rule is not automatic; in each case, the court must assess the reasons for failing to submit evidence and determine whether negative procedural conclusions can be drawn. The article also discusses situations where the failure to submit evidence arises not from dishonest behavior, but from a legitimate duty to protect professional, state, service or commercial secrets. In such cases, protecting confidential information takes on special legal significance linked to protecting the public interest, state security, trust between lawyers and clients, and professional independence.

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