Senior Courts (Access to Court Documents) Rules 2017

  • A correction has been made to rule 7(2)(g) on 1 July 2019 under section 25(1)(j)(i) and (iv) of the Legislation Act 2012.

Determining requests for access

12 Matters to be considered

In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request:

(a)

the orderly and fair administration of justice:

(b)

the right of a defendant in a criminal proceeding to a fair trial:

(c)

the right to bring and defend civil proceedings without the disclosure of any more information about the private lives of individuals, or matters that are commercially sensitive, than is necessary to satisfy the principle of open justice:

(d)

the protection of other confidentiality and privacy interests (including those of children and other vulnerable members of the community) and any privilege held by, or available to, any person:

(e)

the principle of open justice (including the encouragement of fair and accurate reporting of, and comment on, court hearings and decisions):

(f)

the freedom to seek, receive, and impart information:

(g)

whether a document to which the request relates is subject to any restriction under rule 7:

(h)

any other matter that the Judge thinks appropriate.