Press access to skeleton arguments and access to court documents generally

Representatives of the media have been pressing for some time for improved access to material they say they need for reporting purposes, such as skeleton arguments. To date, they have largely relied on the parties' co-operation and the case of R (Guardian News and Media Ltd) -v- City of Westminster Magistrates' Court, which centres firmly on the principle of "open justice" and shows an increasing shift by the courts towards legal proceedings being conducted openly and publicly and to allow inspection of documents.

With that in mind, the Civil Procedure Rules Committee published a consultation paper proposing an amendment to CPR Practice Direction 52C, which would place an obligation on represented parties to an appeal in the Court of Appeal to provide copies of their skeleton arguments to accredited law reporters and media reporters at the hearing. The response has not yet been published.

If the proposed amendments to CPR Practice Direction 52C are made, an obligation will be placed on the represented parties to provide their skeleton arguments to the press without the press requiring the Court's permission. While the Bar Council agrees with the amendments in principle, the point is made that confidentiality must be protected and that any CPR amendment should incorporate a right to make an oral application at the beginning of the hearing to lift or vary the obligation.

Access to court documents in civil proceedings

By way of reminder, subject to an order restricting access to court documents, copies of statements of case and orders/judgments made in public are available to non-parties without permission when:

• they are filed at court; and
• all the defendants have filed an acknowledgment of service.

"Statements of case" includes the following:

• Claim Form (but not any documents filed with or attached to it);
• Particulars of Claim;
• Defence;
• Reply;
• Counterclaim or other Part 20 claim;
• Defence to Counterclaim; and
• Further information provided in response to a Part 18 request.

Access to court documents in criminal proceedings

In relation to criminal proceedings, obtaining information about cases is governed by Rule 5.8 of the Criminal Procedure Rules. Members of the public, including the media, must apply to the court officer specifying the information requested and pay any fee prescribed. The court officer must supply the following information upon request, without the applicant needing to give good reason for requesting it:

• each alleged offence and any plea entered;
• the court's decision at any hearing in public, including any decision about (i) bail, or (ii) the committal;
• whether the case is under appeal; and
• the outcome of any trial and any appeal; and the identity of (i) the prosecutor, (ii) the defendant, (iii) the parties' representatives and their addresses, and (iv) the judge, magistrate or magistrates, or justice's legal adviser by whom a decision at a hearing in public was made.

Any other information requires the permission of the court officer.