The court was asked important questions about (i) the powers of the court under the CPR and its inherent jurisdiction to permit access to documents by non-parties; (ii) the way in which the court’s discretion should be exercised where an application is within its powers; and (iii) the proper balance to be struck between the application of the principle of open justice and policy considerations concerning the proper and efficient administration of justice.
Documents had been filed in a product liability claim against a manufacturer of asbestos which settled after trial, but before judgment was given. An asbestos victims’ support group applied for access to the documents with a view to using them to promote academic consideration of the history of asbestos safety, regulation and knowledge. At first instance the court had granted the order requested.
Held: Although the interest of the claimant was proper, the order granted had been too wide. The court set out the documents to which a third party might properly be granted.
Judges:
Sir Brian Leveson P
Citations:
[2018] EWCA Civ 1795
Links:
Statutes:
Jurisdiction:
England and Wales
Civil Procedure Rules
Updated: 25 April 2022; Ref: scu.620456