Q&As

A non-party to litigation may apply to the court to be provided with a document such as an expert report. If the court allows the application, is there anything to prevent the applicant sharing that document with any other non-party?

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Published on LexisPSL on 27/11/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • A non-party to litigation may apply to the court to be provided with a document such as an expert report. If the court allows the application, is there anything to prevent the applicant sharing that document with any other non-party?

A non-party to litigation can, under CPR 5.4C, if the court gives permission, obtain from the records of the court a copy of a document filed by a party, such as for example an expert report. For further guidance, see Practice Note: Public access to court documents and information in civil proceedings, in particular section: Public access to court documents and information in civil proceedings—Documents filed by parties other than statements of case, or communications with the court.

Further, the court has inherent jurisdiction to allow a non-party access to documents. There is a constitutional principle of open justice that applies to all court

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