ABC Ltd v Y [2010] EWHC 3176 (Ch) (06 December 2010)

ABC Ltd v Y [2010] EWHC 3176 (Ch) (06 December 2010)

Applicant is entitled to a copy of Chief Master Winegarten's order as it was not made in private and no power exists to redact such an order; access to other documents (defence, counterclaim, witness statements) is refused as hearings were held in private and no strong grounds for necessity in the interests of justice were established.

Citation
[2010] EWHC 3176 (Ch)
Parties
Claimant: ABC Ltd; Defendant: Y; Applicant: X
Jurisdiction
England and Wales
Judgment Date
06 December 2010
Procedural Posture
Application Under CPR 5.4 C for Access to Court Documents / Post Settlement, Application for Non Party Access
Outcome
Application granted in part, refused in part
Legal Topics
Open Justice, Access to Court Records, Interim Injunctions, Privacy, Collateral Litigation
Civil Procedure Confidentiality Human Rights Open Justice Access to Court Records Interim Injunctions Privacy Collateral Litigation

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Parties

ABC Ltd

Claimant

Y

Defendant

X

Applicant

Procedural Posture

Application Under CPR 5.4 C for Access to Court Documents / Post Settlement, Application for Non Party Access

Legal Issues

  1. 1 Whether a non-party is entitled to access court documents under CPR 5.4C
  2. 2 Application of open justice principle to private hearings and court records
  3. 3 Distinction between documents used in public and private hearings

Ratio Decidendi

Applicant is entitled to a copy of Chief Master Winegarten's order as it was not made in private and no power exists to redact such an order; access to other documents (defence, counterclaim, witness statements) is refused as hearings were held in private and no strong grounds for necessity in the interests of justice were established.

Court Disposition

Application granted in part, refused in part

Orders

  • Applicant entitled to unredacted copy of Chief Master Winegarten's order (excluding confidential Schedule) upon payment of fee
  • Application for access to defence, counterclaim, and witness statements refused