header-logo header-logo

In the club

10 June 2016 / Robin Preston-Jones , Kathryn Garbett
Issue: 7702 / Categories: Features , Fraud
printer mail-detail
nlj_7702_garbett

Kathryn Garbett & Robin Preston-Jones discuss confidentiality clubs

Litigation is usually an open, public process. The Civil Procedure Rules allow for non-parties to access pleadings, judgments and orders from the court file in most circumstances. Hearings are usually open to journalists, interested third parties and/or curious tourists to attend.

Within the litigation process, parties are required to disclose all their relevant documents regardless of how confidential they are (with only legally privileged documents excluded). Adverse parties to whom such documents are disclosed are, ordinarily, free to share those documents within the broad legal team (including with client representatives, potential witnesses and experts) and use them for the purposes of the proceedings in which they are disclosed.

The appropriateness of such “open justice” is rarely questioned. Public access to the court room and the court file is based on the principle that not only must justice be done, it must be seen to be done. It is an important part of the common law adversarial system that parties are required to be open, sharing the documents

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll