Access to court documents by non-parties

by Practical Law Dispute Resolution

A practice note providing guidance on the principal mechanisms that enable non-parties to access court documents in civil proceedings in England and Wales. This note examines access under CPR 5.4C, which establishes a default right for non-parties to obtain statements of case and judgments or orders made in public, and explores the process for parties to apply to restrict access, particularly to protect confidential or commercially sensitive information. It also analyses the court's inherent jurisdiction to grant access, which is guided by the open justice principle as clarified in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, and involves a balancing exercise between transparency and the protection of legitimate interests. Additionally, this note details the significant changes introduced by the pilot scheme under Practice Direction 51ZH (PD 51ZH), effective from 1 January 2026. This new scheme alters the default position in certain courts, requiring the provision of documents such as skeleton arguments and witness statements to non-parties unless a Filing Modification Order (FMO) is obtained. This resource also covers procedural requirements and tactical considerations for litigants.