The Supreme Court has confirmed the extent of a non-party's
right to obtain documents used in court proceedings, and the
principles to be applied when such a request is made.
The Supreme Court held that the constitutional principle of open
justice meant that the court should be free, as part of its
inherent jurisdiction, to grant public access to documents other
than the statements of case, where an application is made by a
non-party.
However, an applicant will need to explain how granting access
will progress the principle of open justice, and the Court will
need to carry out a fact-based balancing exercise.
Background
Cape Intermediate Holdings ("Cape") was involved in
the manufacture and supply of asbestos, and was a defendant in a
High Court trial to claims brought by employers' insurers. The
Asbestos Victim Support Groups Forum ("the Forum") sought
access to all documentation used or disclosed at that trial,
further to CPR Rule 5.4C.
