Access all areas…of litigation

It used to be the case that documents filed at court in the course of civil proceedings would remain confidential prior to any trial. However, non-parties now have the right to access any documents filed after October 2006.

This means that Statements of Case, Claims and Defences, as well as any pre-trial orders, will be open to public scrutiny. For a small copying charge the press and public will be able to see what is going on in current litigation, which could result in those involved in high-profile cases having their disputes made public well before any trial.

However, the press will still have to be cautious because a defamatory allegation in a claim or defence, if repeated in the media, will not be protected by the law of privilege.

Those bringing or defending claims need to be aware that their cases will now be more open to scrutiny at the outset and to understand that although access can be challenged, it can only be done on limited grounds.

For more information about the effective management of litigation please contact:

Tony Morton-Hooper
Tel +44 (0)20 7440 7030
tonymh@mishcon.com