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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll