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16 December 2010
Issue: 7446 / Categories: Case law , Law digest
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Confidential information

ABC Ltd v Y [2010] EWHC 3176 (Ch), [2010] All ER (D) 83 (Dec)

Under CPR 5.4, the default position was that any party who was not a party to the proceedings was entitled to a copy of a statement of case but not any other document.

Even if he/she wanted to see a copy of a witness statement, deployed in the course of a trial held in public, the default position was that he/she was not entitled to it. He was entitled to a copy of a judgment or order given or made in public, but not to a judgment or order given or made in private.

There was no power given to the court to order that a non-party could not obtain a judgment or order given or made in public. The power in CPR 5.4C(4) to derogate from the general rule was confined to statements of case. It was unnecessary to provide that non-parties could not obtain copies of other documents on the court file without further order. Under CPR 5.4C(2) an order would always be necessary for a non-party to obtain anything other

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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