The Civil Procedure (Amendment No.2) Rules 2004

Amendments to the Civil Procedure Rules 1998

7.  For rule 5.4 substitute—

“Supply of documents from court records – general

5.4.— (1) A court or court office may keep a publicly accessible register of claims which have been issued out of that court or court office.

(2) Any person who pays the prescribed fee may, during office hours, search any available register of claims.

(The practice direction contains details of available registers.)

(3) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of—

(a) a statement of case;

(b) a judgment or order given or made in public (whether made at a hearing or without a hearing);

(c) an application notice, other than in relation to—

(i) an application by a solicitor for an order declaring that he has ceased to be the solicitor acting for a party; or

(ii) an application for an order that the identity of a party or witness should not be disclosed;

(d) any written evidence filed in relation to an application, other than a type of application mentioned in sub-paragraph (c)(i) or (ii);

(e) a notice of payment into court;

(f) an appellant’s notice or respondent’s notice.

(4) A party to proceedings may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party or communication between the court and a party or another person.

(5) Any other person may—

(a) unless the court orders otherwise, obtain from the records of the court a copy of—

(i) a claim form, subject to paragraph (6) and to any order of the court under paragraph (7);

(ii) a judgment or order given or made in public (whether made at a hearing or without a hearing), subject to paragraph (6); and

(b) if the court gives permission, obtain from the records of the court a copy of any other document filed by a party, or communication between the court and a party or another person.

(6) A person may obtain a copy of a claim form or a judgment or order under paragraph (5)(a) only if—

(a) where there is one defendant, the defendant has filed an acknowledgment of service or a defence;

(b) where there is more than one defendant, either—

(i) all the defendants have filed an acknowledgment of service or a defence;

(ii) at least one defendant has filed an acknowledgment of service or a defence, and the court gives permission;

(c) the claim has been listed for a hearing; or

(d) judgment has been entered in the claim.

(7) The court may, on the application of a party or of any person identified in the claim form—

(a) restrict the persons or classes of persons who may obtain a copy of the claim form;

(b) order that persons or classes of persons may only obtain a copy of the claim form if it is edited in accordance with the directions of the court; or

(c) make such other order as it thinks fit.

(8) A person wishing to obtain a copy of a document under paragraph (3), (4) or (5) must pay any prescribed fee and—

(a) if the court’s permission is required, file an application notice in accordance with Part 23; or

(b) if permission is not required, file a written request for the document.

(9) An application for permission to obtain a copy of a document, or for an order under paragraph (7), may be made without notice, but the court may direct notice to be given to any person who would be affected by its decision.

(10) Paragraphs (3) to (9) of this rule do not apply in relation to any proceedings in respect of which a rule or practice direction makes different provision.”.