- In brief: Commercial Court refuses third party access to witness statements before trial (Blue v Ashley)
- Original news
- What are the practical implications of this decision?
- What is the background to the application for access to witness statements?
- What legal arguments were advanced by the parties?
- What did the court decide?
- Does the court have the power to permit access?
- Should the court allow access in these circumstances?
- Case details
Dispute resolution analysis: The Commercial Court has refused an application by the Times Newspapers Limited (TNL) seeking access to witness statements pre-trial, in circumstances where the witness statements had already been referred to at a pre-trial hearing. The court found that in these circumstances, the ‘default presumption’ that access to documents referred to at a public hearing should be allowed, was displaced by a ‘general undesirability’ of supplying a witness statement to a non-party before its contents had been tested at trial.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial