Ocado v Autostore (UPC_CoA_404/2023)

• On 15 August 2023, a member of the public applied under Rule 262.1(b) RoP to be given access to – amongst other things – the statement of claim in proceedings between Ocado and Autostore. Ocado appealed the order.
• The general principle laid down in the UPCA (Articles 10 and 45) is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that access to the public is to be denied.
• The balance of interests includes the protection of confidential information and personal data ("the interest of one of the parties or other affected persons") but are not limited thereto. The general interest of justice and public order also have to be taken into account. The interest may also be general in nature or specific to the proceedings in issue.
• Applying the general principles set out above to the present proceedings, the Court of Appeal concluded that the interest from the member of the public was general in nature.
• Ocado has not argued that the request was abusive and there is no indication it was. At the time of the contested order was made, the proceedings between Ocado and Autostore had come to an end by a settlement. Ocado had not requested that certain information contained in the statement of claim should be excluded from public access for reasons of confidentiality or personal data protection. The balance of interest was therefore in favour of allowing access.

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