Cape v Dring: High Court clarifies the proper approach to applications by non-parties for access to documents

The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents.

Geraint Webb QC and James Williams, both of Henderson Chambers, appeared before Picken J and have acted for Cape throughout the proceedings, instructed by Jonathan Isted and his team at Freshfields Bruckhaus Deringer.

A copy of the judgment and alerter can be found on the attached links.