Stop Press: The Court File - an Open Book?

The Department for Constitutional Affairs ("DCA") has recently published advance notice of a change to the Civil Procedure Rules ("CPR") which could impact heavily on litigants, particularly in cases of media interest. From 2 October 2006, non-parties, such as journalists, will be entitled to copies of statements of case from the court file as a matter of course, without needing to apply to the court. It is also proposed that this rule change will have retrospective effect. Is this concession to the press a step too far in favour of open justice?

On payment of a fee and submission of a written request, non-parties are entitled to obtain from the court file copies of served claim forms, save where an application has been granted to restrict access, and any judgments or orders given or made in public. If a third party wishes to obtain a copy of any other document on the court file, he has to file a formal application for the court's permission.