Legal News

In brief: Commercial Court refuses third party access to witness statements before trial (Blue v Ashley)

Published on: 29 June 2017
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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