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Open all hours?

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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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