Dring v Cape Distribution Ltd & Anor (Constitution - access to courts - open justice)

Dring v Cape Distribution Ltd & Anor (Constitution - access to courts - open justice)

The court holds that the open justice principle applies to documents filed and relied upon in court, even after settlement. Disclosure is ordered for witness statements, expert reports, transcripts, disclosed documents relied on at trial, written submissions, and further information requests, subject to privacy and proportionality. Bundle D is excluded unless specific documents are shown to have been relied upon.

Parties
Applicant: Graham Dring; Respondent: Cape Distribution Limited; Respondent: Cape Intermediate Holdings Limited; Respondent: Concept Ltd; Interested Party: Aviva Plc
Jurisdiction
England and Wales
Judgment Date
05 December 2017
Procedural Posture
Civil / Post Trial, Application for Access to Court Records
Outcome
Application for disclosure granted in part
Legal Topics
Open Justice, Access to Court Records, Mesothelioma Litigation, Asbestos Regulation, Document Disclosure
Constitutional Law Civil Procedure Tort Law Open Justice Access to Court Records Mesothelioma Litigation Asbestos Regulation Document Disclosure

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Parties

Graham Dring

Applicant

Cape Distribution Limited

Respondent

Cape Intermediate Holdings Limited

Respondent

Concept Ltd

Respondent

Aviva Plc

Interested Party

Procedural Posture

Civil / Post Trial, Application for Access to Court Records

Legal Issues

  1. 1 Whether non-parties may access court documents under CPR 5.4C(2) after settlement
  2. 2 Scope of 'records of the court' for disclosure
  3. 3 Balancing open justice against privacy and confidentiality

Ratio Decidendi

The court holds that the open justice principle applies to documents filed and relied upon in court, even after settlement. Disclosure is ordered for witness statements, expert reports, transcripts, disclosed documents relied on at trial, written submissions, and further information requests, subject to privacy and proportionality. Bundle D is excluded unless specific documents are shown to have been relied upon.

Court Disposition

Application for disclosure granted in part

Orders

  • Disclosure of witness statements (including exhibits), expert reports, transcripts, disclosed documents relied on at trial, written submissions, and further information requests relied on at trial.
  • Exclusion of bundle D from disclosure unless specific documents are shown to have been relied upon.