Can The Public Gain Access To Pleadings?

A recent practice direction issued by the Chief Justice of Ireland and recent judgments of Mr Justice Hogan indicate a shift by the Irish Courts towards a more general right of public access to court documents.

The prevailing situation in Ireland in relation to access to court documents is unusual among common law countries, in that there is a de facto prohibition on access to filed pleadings. This is in contrast to the general right of access that exists in other jurisdictions such as the United States and Australia where certain court documents can be accessed online.

The long-standing practice of restricting public access to court documents in Ireland is underpinned by section 65 of the Court Officers Act 1926 which maintains that access to court documents is not a general right and is instead at the presiding judge's discretion.