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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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Gilson Gray—Linda Pope

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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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