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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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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