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5.4C |
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| | (1)
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The general rule is that a person who
is not a party to proceedings may obtain from the court records a copy of
–
|
| | (a)
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a statement of case, but not
any documents filed with or attached to the statement of case, or intended by
the party whose statement it is to be served with it;
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|
| | (b)
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a judgment or order given or
made in public (whether made at a hearing or without a hearing).
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|
|
| | (1A)
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Where a non-party seeks to obtain a
copy of a statement of case filed before 2nd October 2006 –
|
| | (a)
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this rule does not apply;
and
|
|
| | (b)
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the rules of court relating to
access by a non-party to statements of case in force immediately before 2nd
October 2006 apply as if they had not been revoked.
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(The rules
relating to access by a non-party to statements of case in force immediately
before 2nd October 2006 were contained in the former rule 5.4(5) to 5.4(9). The
Practice Direction to this Part sets out the relevant provisions as they
applied to statements of case.)
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|
| | (2)
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A non-party may, if the court gives
permission, obtain from the records of the court a copy of any other document
filed by a party, or communication between the court and a party or another
person.
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|
| | (3)
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A non-party may obtain a copy of a
statement of case or judgment or order under paragraph (1) only if
–
|
| | (a)
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where there is one defendant,
the defendant has filed an acknowledgment of service or a
defence;
|
|
| | (b)
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where there is more than one
defendant, either –
|
| | (i)
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all the defendants have
filed an acknowledgment of service or a defence;
|
|
| | (ii)
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at least one defendant
has filed an acknowledgment of service or a defence, and the court gives
permission;
|
|
|
| | (c)
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the claim has been listed for a
hearing; or
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|
| | (d)
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judgment has been entered in
the claim.
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|
| | (4)
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The court may, on the application of
a party or of any person identified in a statement of case –
|
| | (a)
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order that a non-party may not
obtain a copy of a statement
of case under paragraph
(1);
|
|
| | (b)
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restrict the persons or classes
of persons who may obtain a copy of a
statement of case;
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|
| | (c)
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order that persons or classes
of persons may only obtain a copy of a
statement of case if it is
edited in accordance with the directions of the court; or
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|
| | (d)
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make such other order as it
thinks fit.
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|
| | (5)
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A person wishing to apply for an
order under paragraph (4) must file an application notice in accordance with
Part 23.
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|
| | (6)
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Where the court makes an order under
paragraph (4), a non-party who wishes to obtain a copy of the statement of
case, or to obtain an unedited copy of the statement of case, may apply on
notice to the party or person identified in the statement of case who requested
the order, for permission.
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