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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
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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