header-logo header-logo

03 October 2019 / Nicholas Dobson
Issue: 7858 / Categories: Features , Public , Procedure & practice
printer mail-detail

Open all hours?

7238
Nicholas Dobson discusses open justice & access to court documents
  • Unless inconsistent with statute or the rules of court, all courts and tribunals have an inherent jurisdiction to determine what open justice requires for access to documents or other information before them.
  • However, those seeking access must explain why it is sought, how granting it will advance open justice and address any countervailing factors.

The Irish judge Sir James Matthew (1830–1908), once remarked that ‘justice is open to all—like the Ritz Hotel’. In other words, ‘it is and it isn’t’. But what about the current position on open justice and access to court documents by non-parties? Who can access these and when? Fortunately, the Supreme Court addressed these issues on 29 July 2019 in Cape Intermediate Holdings Ltd v Dring (on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38, [2019] All ER (D) 161 (Jul). Lady Hale gave the judgment of the court on behalf of herself and her colleagues: Lords Briggs, Kitchin and Sales and Lady Arden.

Background

The

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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
Could an online LLM in Commercial and Technology Law expand your career options?
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
back-to-top-scroll