*Blue v Ashley and another

Practice – Disclosure. The applicant, Times Newspapers Ltd (TNL), sought access, in advance of a trial, to an expert report, and to witness statements, which had been prepared for use at a trial. The Commercial Court held, on a point of some public importance, that it had the power to direct that a non-party, such as the press, should be given access to witness statements prepared for use at the trial, before that trial, in circumstances where they had been referred to at a pre-trial hearing. However, on the facts, the court only made the order sought, under CPR 5.4C(2), permitting TNL to obtain copies of the witness statements of the parties' solicitors, but not in respect of the other documents.

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