Jurisdiction(s):
United Kingdom

Open Justice Pilot in England and Wales Civil Courts: Mandatory Refiling of Key Case Documents, Access Fees and Delays, Confidentiality Redactions, and Arbitration Risks

Published on: 02 October 2025

Published by a Law360 reporter

Legal News

Article summary

London litigators are preparing for revisions to transparency rules

London litigators are gearing up for changes to transparency rules that would widen the pool of court papers easily accessible to the public and the press. The pilot was initially flagged to commence with the new court term on 1 October 2025. Practitioners are still awaiting clarity on the drafting—no practice direction for the pilot has yet been issued.

Most agree the scheme is a positive move towards open justice, though it would further highlight the divide between litigation and arbitration. Andrew Herring, a partner at Pinsent Masons LLP, warned that simplifying non-party access to otherwise confidential, commercially sensitive material in court cases could push sophisticated users towards arbitrators, whose processes are private.

He added there is broad consensus that open justice in the courts of England and Wales is crucial and must be preserved. Still, he cautioned that the rule granting non-parties direct access to civil litigation documents must carefully balance competing considerations, including questions such as whether publicity would defeat the very purpose of the...

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