Francesca Richmond explains why the High Court has reversed the default position regarding access to documents in judicial review proceedings
The High Court’s recent ruling in R (Corner House Research, Campaign Against Arms Trade) v The Director of the Serious Fraud Office [2008] EWHC 246 (Admin) allows access to court documents filed in defence to judicial review proceedings to persons who are not party to those proceedings. This judgment overturns the previous understanding of the application of court rules on the disclosure of court documents to non-parties and is contrary to internal court guidance that such documents would not be disclosed in judicial review proceedings.
The case grew from an attempt by the Financial Times, The Times and The Guardian to obtain documents filed by the government in response to a claim regarding the decision not to continue a probe into alleged corruption in relation to BAE Systems’ dealings with the Saudi Arabian government. In the event an agreement was reached regarding the disclosure of documents to those not party to the case but the action was continued
