Applicant: Powell Gilbert LLP Abbott v Sibio (UPC_CoA_480/2024)
Decision date:
09 January 2025
Osborne Clarke summary
- At first instance, following an order for provisional measures in the underlying proceedings, Powell Gilbert (as a member of the public) was granted access to the pleadings and evidence they requested (subject to any appeal).
- Abbott appealed this order and requested that the Court of Appeal deny Powell Gilbert's application to access the written pleadings and evidence.
- The Court of Appeal dismissed Abbott's appeal, holding that written pleadings and evidence should be available to the public upon reasoned request to the registry. Members of the public must state the purpose of the request and why access to the requested documents is necessary for this purpose. The judge will then balance the parties' interests, including the protection of confidential information, and the general interest of justice and public order, which includes the protection of the integrity of the proceedings.
- In particular, the court drew guidance from the decision in Ocado v Autostore. This case makes clear that a member of the public generally has an interest in written pleadings and evidence being made available. This principle is equally applicable in the case of provisional hearings.
Issue
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