Disclosure
Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38, [2019] All ER (D) 161 (Jul)
It was settled law that courts had an inherent jurisdiction to allow access to materials used in the course of court proceedings, based on the constitutional principle of open justice. A non-party seeking access to court documents had to explain why he sought it and how granting access would advance that principle. The Supreme Court so ruled, in dismissing the appellant company’s (Cape’s) appeal, and the respondent’s cross-appeal on behalf of Asbestos Victims Support Groups Forum UK (Forum), concerning how much of the written material placed before the court in earlier proceedings brought against Cape, by certain employers’ insurers, for a contribution in respect of damages paid to the employers’ former employees who had contracted mesothelioma in the course of their employment. Those proceedings had been settled and Forum, which had not been a party in them, had applied for copies of documents used in the proceedings. The court held that the Court of Appeal, Civil Division, had