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International News

Update on Access to England Court Records

November 28, 2025 posted by Steve Brownstein

 

Which court documents are available to the public? And when?

 

Judgments and orders

Any Judgment or Order made 'in public' is a public document and automatically available to the public.

The general rule is that all hearings are in public, subject to the court’s discretion to order a hearing to be held in private. The conditions of CPR 5.4C(3) apply to Judgments and Orders made in public.

This also applies to Consent Orders which are usually dealt with by the Court as ‘paper applications’. Therefore even if there is no public hearing, a consent order will be deemed to have been made ‘in public’ unless the consent order is marked ‘In Private’ and reasons are provided to the court as to why such order should be made this way.

 

Key takeaways

The supply of documents to a non-party from Court records is governed by CPR 5.4C. Generally speaking Statements of Case and Judgments and Orders that are a made ‘in public’ are public documents and are available from court record. With regard to other documents different provisions apply. 

see complete article at:

https://www.nortonrosefulbright.com/en/inside-disputes/blog/202201-which-court-documents-are-available-to-the-public-and-when

 


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