When Can You Prevent Non-Parties Accessing Your Court Documents?

In WH Holding Ltd v E20 Stadium LLP [2024] EWHC 817 (Comm) the High Court gave guidance on what basis a court might make an order restricting the supply of copies of a statement of case to non-parties. The Civil Procedure Rules (CPR) themselves contain no guidance on this and, according to the judgment, there is no previous reported authority on the point. It is not uncommon for litigants to be concerned about confidential or sensitive information they are required to include in court documents to make out their case. This judgment provides helpful guidance on how the courts may approach this issue and demonstrates that the courts will take a restrictive and proportionate approach with emphasis on the principle of open justice.