Court files go public – is your business ready for its close-up?

The aim is to improve openness and efficiency – but for businesses, the implications go far beyond the courtroom.  Greater visibility of legal proceedings could influence risk management, corporate governance, and even reputational strategy.

What is currently available to the public?

Currently, documents relating to court proceedings that can be accessed by the public are broadly limited to:

• Statements of case: such as particulars of claim and defences.
• Judgments and orders made in public: including interim rulings.
• Selected applications: though sensitive material will remain restricted.

Other documents may be accessed by the public, but only with the court’s express permission.

What will change under the pilot?

The extent of the documents that the public has an automatic right to access will increase and will now also include:

• Skeleton arguments.
• Written submissions: such as the opening and closing submissions at trial.
• Witness statements and affidavits: but exhibits are excluded.
• Expert reports: including annexes.
• Any other documents critical to understanding the hearing and ordered by the court to be a “Public Domain Document”: this could include the underlying contract at the center of a dispute.

However, to be accessible by the public, the documents must be used or referred to at a public hearing before one of the specified courts participating in the pilot during the pilot’s duration. This requirement will impact on whether and when one of the documents listed above will be accessible by the public.

Confidentiality protections will still apply, and provision has also been made in the pilot for parties to apply to restrict public access to documents, but the principle is clear: more information will be accessible without procedural hurdles.

What is excluded from the pilot?

Not everything will be opened up. The following documents will remain confidential and outside the scope of public access:

• Disclosure documents: including exchanged evidence and internal business records.
• Exhibits to witness statements: often containing sensitive personal or commercial details.
• Confidential schedules and exhibits: attached to applications or pleadings (provided that the necessary confidentiality provisions have already been put in place).
• Underlying documents: for example, those documents read by the judge, but which are not expressly referred to in a hearing.

How will access work?

One of the most practical questions for businesses is: how do you actually get these documents?

The pilot aims to make access simple and digital:

• Online portal: the courts involved in the pilot are expected to provide a secure platform for viewing and downloading documents.
• No formal application: unlike the current process, you won’t need to submit a detailed application or wait for approval for the documents covered by the pilot.
• Basic registration likely: to prevent misuse, users may need to register and agree to the terms of use, but this should be straightforward.
• Immediate access: once registered, documents should be available for download without delay.

Why does this matter for businesses?

For directors, shareholders, and decision-makers, this development is more than a legal technicality.  It changes the information landscape in several ways:

• Sector insight: competitors’ disputes may become easier to track, offering clues about market pressures or contractual pitfalls.
• Investor confidence: transparency can reassure stakeholders about governance standards – or expose weaknesses if litigation is poorly managed.
• Reputational impact: increased visibility means your own filings could attract attention from media, regulators, or counterparties.  Careful messaging will be essential.

The strategic angle

While the headline impact is on transparency, there is also a litigation dimension. Businesses can use this access to:

• Benchmark approaches: reviewing similar disputes can inform negotiation tactics or settlement decisions.
• Assess risk early: understanding how courts have treated comparable issues can shape strategy before proceedings begin.
• Gain greater access to knowledge: the ability to review pleadings on relevant areas of law can offer valuable insight into how arguments are framed and tested in practice.  This can help refine your own approach and anticipate trends in judicial reasoning.

This isn’t just about curiosity – it’s about informed decision-making.

What should you do now?

• Audit your dispute processes: ensure filings are accurate, professional, and aligned with your brand values.
• Review confidentiality protocols: sensitive and confidential information should be protected wherever possible.
• Monitor developments: the pilot may evolve, so stay informed.
• Engage with advisers early: transparency changes the dynamics of litigation and reputation management.

Our Disputes team is tracking the pilot closely and can help you prepare for its practical and strategic implications.

Do you want to know more about how this could impact your business – or how you might be able to leverage greater transparency to your advantage? Get in touch with our Disputes team today.