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10 June 2016 / Robin Preston-Jones , Kathryn Garbett
Issue: 7702 / Categories: Features , Fraud
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In the club

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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

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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