Cape Intermediate Holdings Ltd v Dring

The principle of open justice gives the court power to allow non parties access to documents used in court proceedings.

Citation
[2019] UKSC 38, [2020] AC 629
Court
UK Supreme Court
Year
2019
Subject
English Legal System
Topic
Judiciary, legal profession and access to justice

Facts

Cape was a defendant in a long trial about its liability for asbestos related diseases, which settled before judgment. Mr Dring, on behalf of the Asbestos Victims Support Groups Forum, applied for copies of documents that had been used at the trial, including witness statements, expert reports and written submissions, because they would help other people with asbestos claims to understand the history of the asbestos industry.

Legal principle

The Supreme Court held that the court has an inherent power to allow access to documents placed before it, which derives from the constitutional principle of open justice. Lady Hale said that the purposes of open justice are to enable public scrutiny of the way in which courts decide cases, to hold the judges to account and to enable the public to understand how the justice system works and why decisions are taken. A non party seeking access must explain how granting it will advance the open justice principle, and the court must then balance that against any risk of harm to others. The case was sent back to the High Court to decide which documents should be disclosed.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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