Z, Re

Z, Re

JK's application for disclosure is dismissed. The open justice principle is not engaged in relation to documents concerning matters settled without judicial decision or in private proceedings, absent strong grounds in the interests of justice. JK had the opportunity to participate as a party and obtain the documents but declined. He has not shown good reason or necessity for disclosure under rule 5.9 or the open justice principle. Disclosure would not advance open justice or Z's interests and may increase family conflict.

Parties
Applicant: JK; Respondent: AB; Respondent: CD; Respondent: EF; Respondent: GH
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Application for Disclosure of Documents in Court of Protection Proceedings / Ruling on Application for Disclosure by Non Party
Outcome
Application dismissed
Legal Topics
Disclosure of Documents, Open Justice Principle, Court of Protection Procedure, Non Party Access to Court Records
Mental Capacity Law Civil Procedure Disclosure of Documents Open Justice Principle Court of Protection Procedure Non Party Access to Court Records

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Parties

JK

Applicant

AB

Respondent

CD

Respondent

EF

Respondent

GH

Respondent

Procedural Posture

Application for Disclosure of Documents in Court of Protection Proceedings / Ruling on Application for Disclosure by Non Party

Legal Issues

  1. 1 Whether a non-party (JK) is entitled to disclosure of documents filed in Court of Protection proceedings under rule 5.9 or the open justice principle
  2. 2 Whether the open justice principle applies to proceedings conducted in private and settled without a public hearing
  3. 3 Whether there are strong grounds in the interests of justice to order disclosure of documents relating to settled matters

Ratio Decidendi

JK's application for disclosure is dismissed. The open justice principle is not engaged in relation to documents concerning matters settled without judicial decision or in private proceedings, absent strong grounds in the interests of justice. JK had the opportunity to participate as a party and obtain the documents but declined. He has not shown good reason or necessity for disclosure under rule 5.9 or the open justice principle. Disclosure would not advance open justice or Z's interests and may increase family conflict.

Court Disposition

Application dismissed