The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants.
Held: The issue was as to the contuned availabity of the papers after conclusion of the trial. Considering the Rules and the notes to them in the White Book, the notes did not appear to follow from the rules.
Judges:
Park J
Citations:
[2004] EWHC 3092 (Ch), [2005] 1 WLR 2965, [2005] 3 All ER 155, [2005] EMLR 19
Links:
Statutes:
Civil Procedure Rules 32.13 5.4(2)
Jurisdiction:
England and Wales
Citing:
Cited – SmithKline Beecham Biologicals SA v Connaught Laboratories Inc CA 7-Jul-1999
Changes in court procedure where judges now read rather more before hand to save court time could lead to confusion as to what of the paperwork before the court was now deemed to have been read in open court and therefore in the public domain. The . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
See Also – Chan U Seek v Alvis Vehicles Ltd ChD 8-May-2003
The claimant appealed a striking out order.
Held: If a claim stood no chance of success, then it should not be allowed to proceed, but where the claim was merely weak it should not be struck out. That would be inconsistent with the needs of . .
Cited by:
Cited – Pressdram Ltd v Whyte ChD 30-May-2012
The respondent had been involved in company director disqualification proceedings some 12 years earlier. The claimant, publisher of Private Eye sought disclosure of the associated court papers.
Held: The applicant had provided appropriate . .
Lists of cited by and citing cases may be incomplete.
Media, Litigation Practice
Updated: 27 October 2022; Ref: scu.401872