Non-Party Access to Court Documents and the Open Justice Principle: The UK Supreme Court Judgment in Cape Intermediate Holdings Ltd v Dring

13 Pages Posted: 6 Aug 2019

See all articles by Ana Koprivica Harvey

Ana Koprivica Harvey

Max Planck Institute for Procedural Law

Date Written: August 5, 2019

Abstract

On the 29th July 2019, the UK Supreme Court rendered a unanimous, eagerly awaited, judgement in the case of Cape Intermediate Holdings Ltd v Dring. Broadly speaking, the case concerned the scope and operation of the constitutional principle of open justice. More precisely, the questions before the Court were how much of the written material placed before a court in a civil action should be accessible to persons other than the parties to the proceedings, and how such access should be facilitated. The judgment is significant for at least two reasons. On the one hand, it provides an extensive analysis of the court’s power to allow third parties access to court documents under the constitutional principle of open justice. In so doing, the judgment revisits the contents of the open justice principle and its application in the context of modern, predominantly written-based, civil proceedings. On the other, the judgment provides certain guidance on the circumstances in which a third party may obtain access to court documents and, to some extent, clarifies the type of documents that may in principle be obtained. As a result, the judgment largely opens third party access to the court files that have been under the exclusive purview of the court and the parties.

Keywords: non-party access to documents, open justice, open court, court files, court documents, UK Supreme Court, privatisation of civil justice

Suggested Citation

Koprivica Harvey, Ana, Non-Party Access to Court Documents and the Open Justice Principle: The UK Supreme Court Judgment in Cape Intermediate Holdings Ltd v Dring (August 5, 2019). MPILux Research Paper 2019 (5). Available at SSRN: https://ssrn.com/abstract=3432373

Ana Koprivica Harvey (Contact Author)

Max Planck Institute for Procedural Law ( email )

4, rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

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