In June 2020, one of Arnot Manderson’s newly called advocates, Fergus Whyte, spoke on the topic of Access to Court Documents in Scotland by Non-Parties as part of the stable’s Better the Devil You Know series of seminars (a copy of that talk can be found here).

Fergus came to Arnot Manderson having previously qualified and practised as a barrister and solicitor in New Zealand. He has an interest in commercial law, information and data protection and media law matters.

Fergus has now published the first of a series of two articles on that topic in the latest issue of the Scots Law Times and we are happy to be able to host a copy of that here. 

In this first part, Fergus considers the reasons why access to court documents matters and the Supreme Court appeal in the English case of Cape Intermediate v Dring [2019] UKSC 38 including its potential impact in Scotland. Part 2 of this series (appearing next week in the Scots Law Times) will go on to consider this issue in the context of Scots law and its role in the Inner House decision in Cherry v Advocate-General.

This article originally appeared in SLT issue 31 (October 2020) and is reproduced here with the permission of Thomson Reuters.