![]() These conditions are imposed to ensure that the public does not become aware of the details of proceedings before the defendant. Statements of Case only become available once one of the following events has occurred: ![]() This includes the Particulars of Claim, Defence, Reply and responses to certain requests for information. It is possible for non-parties to obtain copies of other Statements of Case from Court record. Once the defendant has filed either an Acknowledgment of Service or a Defence, the Claim Form is publicly accessible, without the need for the public to seek the court’s permission. Served on the defendant, who has filed either an Acknowledgment of Service or a Defence Consequently, the public cannot request permission to access a Claim Form. The inclusion of the words “ any other document” excludes Claim Forms (and Particulars of Claim) from this rule. “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” ![]() While the general position is that upon application by the public, the court may permit the public access to copies of documents, CPR 5.4C(2) provides that Can the public apply to access the Claim Form before at least one defendant has filed either an Acknowledgment of Service or a Defence? Where there is more than one defendant, the requirement is for either (i) all defendants to have filed an Acknowledgment of Service or a Defence or (ii) for at least one defendant to have filed an Acknowledgment of Service or a Defence and for the court to have given permission for the public to access the document. judgment has been entered in the claim.the claim has been listed for a hearing or.the defendant has responded to the claim by filing either an Acknowledgment of Service or a Defence.Once the Claim Form has been served, it remains unavailable to the public until: Where a Claim Form has been issued but has not yet been served, it will not be available to the public from the court record. The register covers the vast majority of claims issued in the Business and Property Courts of England and Wales, albeit arbitration claims and certain proceedings within the Insolvency and Companies List may be excluded. The register is publicly accessible and will set out the following details: Upon issue of proceedings the claim will be entered in the register of claims. This post tracks the timeline of a case before the English commercial courts, and sets out the relevant accessibility issues parties should remain aware of at each stage.Ĭlaim Form Upon lodging the Claim Form with the court The public’s access to documents is governed by CPR 5 (Court documents). Before, during and after litigation, parties may understandably be concerned about which documents filed with the court are available to the public. English courts are a public forum and that means the court will consider particular documents fall within the public domain.
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