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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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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