26.5. Production of documents under s 61(1): Who access is granted to

Date Published

Where there is a justification for granting access to unpublished documents, the general rule is that they can be made available to a person’s legal representative after the representative has made appropriate undertakings regarding confidentiality.

Usually only the person’s legal representative (or an employee of the legal representative) or an independent third-party expert would be able to inspect the documents. In ownership disputes the other party may be granted restricted access if they can show that access is essential in the interests of justice and there will be no breach of confidentiality (Davies v Eli Lilly & Co (1987) 1 All ER 801).

Access to a file that is not open to public inspection will be given only to an independent person – i.e. a legal representative or independent third-party expert. This creates a fundamental difficulty for an unrepresented party who is seeking access. ​​​​​​​

Amended Reasons

Amended Reason Date Amended