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03 May 2012
Issue: 7512 / Categories: Case law , Law reports , In Court
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Disclosure or inspection of documents—Third parties—Open justice

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R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, [2012] All ER (D) 18 (Apr)

Court of Appeal, Civil Division, Lord Neuberger MR, Hooper and Tomlinson LJJ, 3 Apr 2012

In a case where documents have been placed before a judge and referred to in the course of proceedings, the default position is that access will be permitted on the open justice principle; where access is sought for a proper journalistic purpose, the case for allowing it will be particularly strong.

Gavin Millar QC and Adam Wolanski (instructed by Reynolds Porter Chamberlain LLP) for the claimant. The defendant did not appear and was not represented. David Perry QC and Melanie Cumberland (instructed by the CPS) for the government of the US as interested party. Heather Rogers QC and Ben Silverstone (instructed by Leigh Day & Co) for the intervener.

The government of the US, the interested party in the instant proceedings, sought the extradition of two British

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