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31 July 2019
Issue: 7851 / Categories: Legal News , Procedure & practice
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Victory for open justice

Judges can grant public access to all written materials in the court bundle, the Supreme Court has held.

The case, Cape Intermediate Holdings v Dring [2019] UKSC 38, [2019] All ER (D) 161 (Jul), concerns the principle of ‘open justice’ and has wide-ranging implications for disclosure. Graham Dring, on behalf of the Asbestos Victims Support Groups Forum UK, applied to access documents, which were due to be destroyed, from a legal case against asbestos manufacturer Cape. He believed they contained valuable information about the dangers of asbestos.

Giving the lead judgment, Lady Hale said: ‘The default position should be to grant access to documents placed before a judge and referred to by a party at trial unless there was a good reason not to do so. It should not be limited by what the judge has chosen to read.’

Harminder Bains, partner at law firm Leigh Day, who worked pro bono on the case, said: ‘This is a landmark decision for access to documents to non-parties and a victory for open justice.’

Issue: 7851 / Categories: Legal News , Procedure & practice
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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