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ARTICLE · 09 AUGUST 2018

Access To Documents - Cape Intermediate Holdings v Dring (Court Of Appeal)

Court of Appeal rules on access to court documents by asbestos victims' support groups

United KingdomLitigation, Mediation & Arbitration

Court of Appeal rules on access to court documents by asbestos victims' support groups

The applicant is a non-profit unincorporated association representing asbestos victims' support groups in the UK and it sought access to various documents produced in a case between a parent company and an employee of its subsidiary who contracted asbestosis.

CPR r5.4C provides that non-parties can obtain statements of case (which includes the claim form, particulars of claim, defence and reply - but not documents filed with them) but the court's permission is required to obtain "from the records of the court a copy of any other document filed by a party..." At first instance, it was held that the applicant was entitled (subject to the court's permission) to all documents filed at court, including trial bundles and skeleton arguments. The Court of Appeal has now allowed the appeal from that decision and held as follows:

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