In re Guardian Newspapers Ltd (court record: disclosure) ChD TLR 14 December; Seek (Chan U) v (1) Alvis Vehicles Ltd (2) Guardian Newspapers Ltd ChD Lawtel 8 December

The Guardian newspaper obtained the claimant’s skeleton argument, which it believed disclosed a significant journalistic story. The action had gone to trial in open court but settled after seven days. The Guardian applied under CPR rule 5.4(5)(b) for permission to obtain copies of the particulars of claim, defence, reply, requests for further information and the replies to those requests, and the witness statements of certain identified witnesses from the records of the court. The defendant opposed the request contending that rule 5.4(5) only applied ‘if the court gave permission’ and that ‘the court’ was the court seized of the underlying case, which, because the case was over, no longer existed and could not therefore give permission. Further, even if there was jurisdiction to make the order sought, in the circumstances of the case the court should not exercise its discretion.