Access To Documents On The Court File

New changes to the CPR allow greater access to documents held on the court file.

(1) The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of-

(a) a statement of case, but not any documents filed with or attached to the statement of case, or intended by the party whose statement it is to be served with it

(b) a judgment or order given or made in public (whether made at a hearing or without a hearing)

For reference, CPR 2.3 (1) says :- 'statement of case'-

(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to defence; and

(b) includes any further information given in relation to them voluntarily or by court order under rule 18.1;

• Witness statements are excluded from the new provisions.

• The new provisions will have retrospective effect and will apply to statements of case filed in past actions if the court still has the statement of case on the court file. The court file is usually kept for five years after the conclusion of the matter.

• Parties will only be able to prevent access by application to restrict access to the court file; it is likely that the court will decide that on the basis of whether such restriction would be in the public interest.

• We will carefully consider with you how a case is to be pleaded with the new regime in mind.

• If you are concerned about the confidentiality of existing pleadings, we can consider an application to secure them confidentially.