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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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