UK Supreme Court rules on non-party access to documents used in litigation in England & Wales

The UK Supreme Court judgment in Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) provides definitive guidance on the circumstances in which a person who is not a party to court proceedings may obtain copies of documents held in court during and/or at the end of those proceedings.  It clarifies the type of documents that may be obtained and the legal bases on which they may be obtained, and will be a useful tool for non-parties seeking access to court records.

In August 2018, we reported on the Court of Appeal's decision in this important case (see Legal Update "Can non-parties obtain copies of documents from the records of the court in England & Wales?"). In both the Court of Appeal and the Supreme Court, the issues turned on the interpretation of CPR rule 5.4C (Supply of documents to a non-party from court records) and the scope of the court's inherent jurisdiction to allow access to documents pursuant to the constitutional principle of open justice.