Eleventh-hour injunction blocks disclosure rules

The Law Society has blocked new court disclosure rules that would have made documents such as pleadings and defence of a claim available to all third parties.

Schillings, representing the Law Society, won a last minute injunction against Court Service on Friday (29 September) stopping the rules taking effect from yesterday (2 October).

Mr Justice Irwin granted the emergency injunction.

The Law Society acted after members of the Court Service said that the rules would apply retrospectively.

Law Society chief executive Desmond Hudson said: “The Court Service reversed its position on the interpretation of the rule, putting many clients in the unreasonable position of having to apply to court at very short notice if they wanted statements to remain confidential.”

A full High Court hearing will take place on Thursday (5 October) to discuss the matter further.

Schillings founder Keith Schilling, with associate Gideon Benaim, advised the Law Society. They instructed barristers Richard Spearman QC at 4-5 Gray’s Inn Square and Jonathan Barnes at 5 Raymond Buildings.