A significant shift towards greater transparency in the judicial system is set to take place in the Commercial Court this October. Mrs Justice Cockerill announced that witness statements, expert exhibits and other essential documents to understand proceedings will be made publicly available. These materials will be accessible through the public-facing section of the CE File electronic filing and case management system.
The move aims to address the “transparency gap” identified by Mrs Justice Cockerill. The decision aligns with the judiciary's ongoing efforts to enhance access to court documents following concerns about confidentiality, timing and costs. This initiative follows the Supreme Court's landmark ruling in <span class="news-text_italic-underline">Cape Intermediate Holdings v Dring [2019] UKSC 38</span>, which emphasised that open justice requires granting access to documents placed before a judge unless there is a valid reason to withhold them.
From October, documents such as skeleton arguments, witness statements, expert reports and key materials deemed critical by the judge will be made public. However, confidential information will be redacted through a “file modification order” in a relatively informal process, aiming to strike a balance between transparency and confidentiality. This pilot scheme will be applied to Commercial Court hearings in public but will not extend to cases involving litigants in person who are not on CE File.
While the pilot scheme will be closely monitored, it is yet to be determined whether similar practices will be adopted across other jurisdictions of the court, including the Family Division. The initiative is part of a broader effort by the judiciary's Transparency and Open Justice Board, established last year, with plans likely to include live-streaming proceedings in the Administrative Court and providing easier access to case citations in judgments.
This move may raise concerns about the potential misuse of documents, especially regarding the use of court materials to train artificial intelligence systems. However, it is believed that the benefits of increased public access to judicial proceedings outweigh the risks, particularly in a court known for its “sophisticated and engaged user profile”.
The pilot will be implemented subject to ministerial approval, with further feedback anticipated from stakeholders on how best to balance transparency with privacy concerns in the evolving legal landscape.
Belgravia Law is actively monitoring developments related to the CE-File system and the transparency initiatives in the Commercial Court.
