Non-parties seeking access to trial documents and the proper application of the ‘open justice’ test (Dring v Cape Intermediate Holdings)

CA – Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) v Cape Intermediate Holdings Ltd [2020] EWHC 1873 (QB)

This case concerned the application of the principles restated by the Supreme Court in respect of non-party access to trial documents either pursuant to the CPR 5.4C(2) or the High Court’s inherent jurisdiction. It is clear that parties do have the prima facie right to access documents which have been referred to at the trial if the provision of such documents is in furtherance of ‘open justice’, however, the previously stated ‘legitimate interest’ test is no longer applicable. This case deals with the first application of the restated test, and the balancing act outlined by Lady Hale in the Supreme Court  ultimately led to the application being refused.

Click on case name for full article

First published by Lexis®PSL on 20/07/2020

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