ABC Ltd v Y [2010] EWHC 3176 (Ch), [2010] All ER (D) 83 (Dec)
Under CPR 5.4, the default position was that any party who was not a party to the proceedings was entitled to a copy of a statement of case but not any other document.
Even if he/she wanted to see a copy of a witness statement, deployed in the course of a trial held in public, the default position was that he/she was not entitled to it. He was entitled to a copy of a judgment or order given or made in public, but not to a judgment or order given or made in private.
There was no power given to the court to order that a non-party could not obtain a judgment or order given or made in public. The power in CPR 5.4C(4) to derogate from the general rule was confined to statements of case. It was unnecessary to provide that non-parties could not obtain copies of other documents on the court file without further order. Under CPR 5.4C(2) an order would
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