Dring v Cape Distribution Ltd & Anor (Constitution - access to courts - open justice) [2017] EWHC 3154 (QB) (05 December 2017)

Dring v Cape Distribution Ltd & Anor (Constitution - access to courts - open justice) [2017] EWHC 3154 (QB) (05 December 2017)

The court held that the principle of open justice applies to documents filed on the court record and read or treated as read in court, even where the case settles before judgment. Where the applicant has a legitimate interest, the default position is in favour of disclosure, subject to a balancing exercise regarding harm to other parties. Trial bundles, witness statements, expert reports, transcripts, written submissions, and statements of case relied on at trial are to be disclosed. Unused disclosure documents (bundle D) are excluded absent special circumstances. The applicant's legitimate interest is established by academic, public, and pressure group purposes.

Citation
[2017] EWHC 3154
Parties
Applicant: Graham Dring; Interested Party: Cape Distribution Limited; Interested Party: Cape Intermediate Holdings Limited; Interested Party: Concept 70 Limited; Interested Party: Aviva Plc
Jurisdiction
England and Wales
Judgment Date
05 December 2017
Procedural Posture
Application for Access to Court Documents by Non Party / Post Trial, After Settlement, Before Destruction of Court Files
Outcome
Application allowed in part; disclosure ordered for specified classes of documents, bundle D excluded.
Legal Topics
Open Justice, Access to Court Records, Disclosure, Asbestos Litigation, Mesothelioma, Document Management, CPR 5.4 C(2), Settlement, Health and Safety
Civil Procedure Constitutional Law Product Liability Open Justice Access to Court Records Disclosure Asbestos Litigation Mesothelioma +4 more

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Parties

Graham Dring

Applicant

Cape Distribution Limited

Interested Party

Cape Intermediate Holdings Limited

Interested Party

Concept 70 Limited

Interested Party

Aviva Plc

Interested Party

Procedural Posture

Application for Access to Court Documents by Non Party / Post Trial, After Settlement, Before Destruction of Court Files

Legal Issues

  1. 1 Whether a non-party may obtain access to court documents under CPR 5.4C(2) and/or common law
  2. 2 Scope of open justice principle in settled cases
  3. 3 Status of trial bundles and disclosure documents as 'filed' on court record

Ratio Decidendi

The court held that the principle of open justice applies to documents filed on the court record and read or treated as read in court, even where the case settles before judgment. Where the applicant has a legitimate interest, the default position is in favour of disclosure, subject to a balancing exercise regarding harm to other parties. Trial bundles, witness statements, expert reports, transcripts, written submissions, and statements of case relied on at trial are to be disclosed. Unused disclosure documents (bundle D) are excluded absent special circumstances. The applicant's legitimate interest is established by academic, public, and pressure group purposes.

Court Disposition

Application allowed in part; disclosure ordered for specified classes of documents, bundle D excluded.

Orders

  • Disclosure of witness statements (including exhibits), expert reports, transcripts, written submissions, skeletons, and statements of case relied on at trial.
  • Disclosure of disclosed documents relied on by parties at trial (paper bundles only).