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08 August 2019
Issue: 7852 / Categories: Case law , In Court , Law digest
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Weekly law digests

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

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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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