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ARTICLE · 02 JULY 2026

Commercial Court Issues First Judgment On Filing Modification Orders Under Document Access Pilot

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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The decision provides helpful guidance on how courts are likely to approach the question of whether to make such an order.

United KingdomLitigation, Mediation & Arbitration
Chris Bushell
Chris Bushell
Maura McIntosh
Maura McIntosh
Camilla Macpherson
Camilla Macpherson
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The Commercial Court has made a Filing Modification Order (FMO) in respect of court documents that would otherwise be available as of right to the public where there was a material risk that information disclosed might compromise the conduct of criminal proceedings: Various Claimants v Entain Plc [2026] EWHC 1511 (Comm).

A new pilot scheme to improve public access to a broad range of court documents came into force in the Commercial Court, the London Circuit Commercial Court and the Financial List in January 2026. The default position under the pilot is that parties are required to re-file such documents on the public facing court file (the CE-File) once they have been used or referred to at a public hearing. However, where particular confidentiality concerns arise, the court has a discretion to make an FMO to exclude particular documents, or sections of documents. 

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