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14 February 2008
Issue: 7308 / Categories: Legal News , Procedure & practice , Profession , Freedom of Information
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Newspapers win judicial review court papers access

Freedom of Information

The press and public will have auto­matic access to court documents in judicial review cases following a High Court ruling.

The Times, The Financial Times and The Guardian brought the case after their request for access to a key court document was refused during the judicial review of the Serious Fraud Office’s decision to abandon its corruption probe into BAE Systems.

After proceedings were brought over this refusal, the document was provided but the newspapers continued the case to establish the point of principle of automatic access to such documents in judi­cial review proceedings.

In the third party application in R (Corner House Research) v Direc­tor of the Serious Fraud Office, the government argued that new rules introduced in October 2006, giving the public access to statements of case filed during court cases, did not apply to the summary.

it was anomalous that the rules applied to the claim form in such proceedings but not to the defend­ant’s documents.

In the absence of any principled justification, he said he would not hesitate to hold that the defend­ant’s documents were “defences” and were therefore covered by the new rules.

Olswang partner, Dan Tench, who acted for the newspapers, says: “The judge noted that the public inter­est in judicial review proceedings was if anything greater than that in private law proceedings and that there was no good reason to deny the same degree of public access to the key court documents.”

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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