The 'special circumstances' test for relaxation of the implied undertaking against collateral use of discovered documents requires only that the applicant show some feature which takes the case out of the ordinary course and that the exercise of discretion would be in the interests of justice. Special circumstances are present where the document is highly relevant to related proceedings between the same parties, non-production may permanently bar the applicant from bringing those proceedings, and the document would have been discoverable in the second proceedings. Whether counsel's conduct in creating a misleading impression can itself constitute a special circumstance was left open.
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