From 1 August 2018, a change in the Rules of the Superior Courts
(the "Rules") allows the media access to documents opened
or deemed to have been opened in High Court, Court of Appeal and
Supreme Court hearings.1 The change in the Rules was
brought in as a result of the Data Protection Act 20182,
and can be expected to have a significant impact in the reporting
of court hearings.
At a Glance
While the media have always had the right, subject to
certain exceptions, to report what was said in open court, they
have not previously had a specific, formal right to access
documents referred to in open court. Under the new Rules,
a bona fide member of the media will now be able to access
documents opened in court, or deemed to have been opened, in civil
and criminal cases. Certain limited restrictions will
still apply to certain types of cases, such as those heard in
camera. Crucially, the new Rules mean that the media
may now have access to the full content of