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In the club

10 June 2016 / Robin Preston-Jones , Kathryn Garbett
Issue: 7702 / Categories: Features , Fraud
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Kathryn Garbett & Robin Preston-Jones discuss confidentiality clubs

Litigation is usually an open, public process. The Civil Procedure Rules allow for non-parties to access pleadings, judgments and orders from the court file in most circumstances. Hearings are usually open to journalists, interested third parties and/or curious tourists to attend.

Within the litigation process, parties are required to disclose all their relevant documents regardless of how confidential they are (with only legally privileged documents excluded). Adverse parties to whom such documents are disclosed are, ordinarily, free to share those documents within the broad legal team (including with client representatives, potential witnesses and experts) and use them for the purposes of the proceedings in which they are disclosed.

The appropriateness of such “open justice” is rarely questioned. Public access to the court room and the court file is based on the principle that not only must justice be done, it must be seen to be done. It is an important part of the common law adversarial system that parties are required to be open, sharing the documents

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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