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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll