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: