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31 July 2019
Issue: 7851 / Categories: Legal News , Procedure & practice
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Victory for open justice

Judges can grant public access to all written materials in the court bundle, the Supreme Court has held.

The case, Cape Intermediate Holdings v Dring [2019] UKSC 38, [2019] All ER (D) 161 (Jul), concerns the principle of ‘open justice’ and has wide-ranging implications for disclosure. Graham Dring, on behalf of the Asbestos Victims Support Groups Forum UK, applied to access documents, which were due to be destroyed, from a legal case against asbestos manufacturer Cape. He believed they contained valuable information about the dangers of asbestos.

Giving the lead judgment, Lady Hale said: ‘The default position should be to grant access to documents placed before a judge and referred to by a party at trial unless there was a good reason not to do so. It should not be limited by what the judge has chosen to read.’

Harminder Bains, partner at law firm Leigh Day, who worked pro bono on the case, said: ‘This is a landmark decision for access to documents to non-parties and a victory for open justice.’

Issue: 7851 / Categories: Legal News , Procedure & practice
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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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