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.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Consultations released on implementation of energy efficiency regulation of the private rented sector
The Department for Energy & Climate Change has published the long-awaited consultation on implementing the provisions of the Energy Act 2011.
The Court of Appeal has overturned a High Court judge’s decision to add words to a non-compete restriction, which had originally offered the employer very little protection.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.