Letting The Light In: Third Party Access To Court Documents

New Practice Direction 51ZH makes it easier for third parties to obtain documents relating to litigation.

It is a fundamental principle of the English & Welsh system that justice should not only be done, but also be seen to be done. There has therefore been a mechanism in place for many years to allow third parties – such as journalists – automatically to obtain some types of documents relating to court proceedings.

A new pilot scheme running in certain courts from the start of next year will significantly broaden the types of documents that can be obtained in this way.

What is the current position?

Third parties can presently obtain some basic documents connected to litigation automatically, upon payment of a small fee. This includes copies of the parties' statements of case and copies of orders and judgments made in public.