Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd

Cleveland Bridge UK Ltd v Multiplex Constructions (UK) Ltd

Open justice principles require disclosure of pleadings judicially deployed in interlocutory proceedings to applicants with legitimate interest; no sufficient prejudice or additional reporting obligations shown to outweigh public interest in disclosure.

Parties
Applicant: Sarah Curnow; Applicant: Australian Broadcasting Corporation; Respondent: Multiplex Constructions (UK) Limited; Respondent: Cleveland Bridge UK Limited
Jurisdiction
England and Wales
Judgment Date
31 August 2005
Procedural Posture
Application / Interlocutory
Outcome
application granted
Legal Topics
Open Justice, Public Access to Court Documents, Disclosure, Interlocutory Proceedings
Civil Procedure Media Law Open Justice Public Access to Court Documents Disclosure Interlocutory Proceedings

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Parties

Sarah Curnow

Applicant

Australian Broadcasting Corporation

Applicant

Multiplex Constructions (UK) Limited

Respondent

Cleveland Bridge UK Limited

Respondent

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether media applicants should be permitted access to pleadings and court documents in ongoing civil litigation
  2. 2 Whether open justice principles apply to interlocutory proceedings
  3. 3 Whether disclosure would cause prejudice to commercial parties

Ratio Decidendi

Open justice principles require disclosure of pleadings judicially deployed in interlocutory proceedings to applicants with legitimate interest; no sufficient prejudice or additional reporting obligations shown to outweigh public interest in disclosure.

Court Disposition

application granted

Orders

  • Applicants permitted to see and take copies of particulars of claim, response, consolidated defence and counterclaim, and consolidated reply and defence to counterclaim in HT-04-314/HT-04-238