Very public disputes — access to court documents
When embarking on litigation, it is not uncommon for parties to overlook that documents filed with the court may (and often do) become public. Non-parties are entitled under the Civil Procedure Rules (CPR 5.4C) to obtain copies of certain documents on the court file without the court’s permission and without notice being given to the parties.
Non-parties may obtain copies of a statement of case but not documents filed with, or attached to, a statement of case. ‘Statements of case’ include claim forms, particulars of claim, defences, additional claim/counterclaim and replies to a defence: such documents should set out each party’s case in detail. Non-parties may also obtain copies of a judgment or order made in public, whether made at a hearing or without a hearing. However, documents attached to statements of case, witness statements, expert reports or the parties’ correspondence with the court are not generally publicly available and can only be obtained by non-parties if the court gives permission (which gives the parties an opportunity to object).
A non-party may only obtain copies of statements of case when all the defendants have filed an acknowledgment of service or a defence, or the claim has been listed for a hearing, or judgment has been entered on the claim…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
InCredit — new controller form for intragroup transactions; PPI complaints set to continue; and more
Addleshaw Goddard’s weekly publication provides information on current retail finance issues, regulatory and legislative developments, market watch and ASA adjudications.
Data Issues Roundup — firm warned to stop nuisance text messages; EU ruling on CCTV; ICO's privacy seals; and more
Addleshaw Goddard has released the 19 January 2014 issue of its Data Issues Roundup .
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?