Judgment Date: 18 Dec 2017
In determining whether to allow the disclosure of documents concerning a capital reduction hearing to a non-party, the court followed the open justice principle expounded in R. (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates' Court [2012] EWCA Civ 420, where the default position was to grant access to documents that had been placed before a judge and referred to in proceedings, subject to any countervailing reasons to deny full disclosure. That approach was preferred to the principles set out in Pfizer Health AB v Schwarz Pharma AG [2010] EWHC 3236 (Pat), which did not appear to support the default position.
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