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 a legitimate interest is shown, the default position is in favour of disclosure, subject to a balancing exercise regarding harm to other parties. The applicant demonstrated a legitimate interest in the documents for academic, public, and legal purposes. However, disclosure is limited to witness statements (with exhibits), expert reports, transcripts, disclosed documents relied on at trial (in paper bundles), written submissions, skeleton arguments, and statements of case in the trial bundles. Disclosure of...

Citation
[2017] EWHC 3154 (QB)
Parties
Applicant: Mr Graham Dring; Interested Party: Cape Distribution Limited; Interested Party: Cape Intermediate Holdings Limited; Interested Party: Concept 70 Limited (and others); 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, Post Settlement, Application for Disclosure
Outcome
Application allowed in part; disclosure ordered for specified classes of documents, with other disclosure refused.
Legal Topics
Open Justice, Access to Court Records, Disclosure, Public Interest, Asbestos Litigation, Health and Safety
Civil Procedure Constitutional Law Open Justice Access to Court Records Disclosure Public Interest Asbestos Litigation Health and Safety

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Parties

Mr Graham Dring

Applicant

Cape Distribution Limited

Interested Party

Cape Intermediate Holdings Limited

Interested Party

Concept 70 Limited (and others)

Interested Party

Aviva Plc

Interested Party

Procedural Posture

Application for Access to Court Documents by Non Party / Post Trial, Post Settlement, Application for Disclosure

Legal Issues

  1. 1 Whether a non-party has a right to access court documents under CPR 5.4C(2) and/or the common law
  2. 2 Whether the principle of open justice applies to documents in settled cases
  3. 3 What constitutes a legitimate interest for access to court documents

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 a legitimate interest is shown, the default position is in favour of disclosure, subject to a balancing exercise regarding harm to other parties. The applicant demonstrated a legitimate interest in the documents for academic, public, and legal purposes. However, disclosure is limited to witness statements (with exhibits), expert reports, transcripts, disclosed documents relied on at trial (in paper bundles), written submissions, skeleton arguments, and statements of case in the trial bundles. Disclosure of...

Court Disposition

Application allowed in part; disclosure ordered for specified classes of documents, with other disclosure refused.

Orders

  • Disclosure to applicant of witness statements (with exhibits), expert reports, transcripts, disclosed documents relied on at trial (in paper bundles), written submissions, skeleton arguments, and statements of case in trial bundles.
  • Disclosure of bundle D (unused disclosure documents) refused.