Open justice does not mean access to all documents (Nestec v Dualit)

Table of contents

• Practical implications
• Court details
• Facts
• Could the documents be obtained from the court file?
• Could the applicant invoke the inherent jurisdiction of the court?
• The devil is in the details

Article summary

DR analysis: The Patents Court has refused an application by a third party for access to exhibits and documents put to witnesses during cross examination in English proceedings. CPR 5.4C permits access for third parties to statements of case or judgments but expressly excludes documents filed with or attached to it. In seeking permission from the court in respect of other documents filed at court, the court’s inherent jurisdiction does not extend to granting public access to documents used in evidence during proceedings.