National Policing Improvements Agency v Total Downstream UK Plc & Ors.

Where confidential matters justify restricting public access to statements of case, the court may order under the Civil Procedure Rules 1998 that a non-party may not obtain copies. The order should remain subject to any further order, since circumstances or information not presently before the court may later justify disclosure. A person seeking access should be required to apply to the court and serve the parties.

The National Policing Improvements Agency applied in proceedings arising from the Buncefield incident for an order restricting a non-party’s access to statements of case. The application was made under rule 5.4C(4)(a) of the Civil Procedure Rules 1998. The court had previously considered confidential matters concerning the claimant and concluded that protection was justified to enable the parties to plead their cases properly.

The central issue was whether the confidentiality of those matters justified preventing non-parties from obtaining copies of the statements of case, and what safeguards should govern any later application for disclosure.

1. The application was granted. The court was persuaded that the confidentiality of matters concerning the claimant justified restricting access to the statements of case.

2. The restriction was necessary to allow the claimant and Total to refer freely to relevant confidential matters when preparing their statements of case. Without protection, copies could be made available to third parties under rule 5.4C(1) of the Civil Procedure Rules 1998.

3. The order was not treated as permanently determining the question of disclosure. The court recognised that, on a future application by a non-party, circumstances or information not presently before it might justify production of the documents.

4. The appropriate order was therefore that a non-party might not obtain a copy of a statement of case in the proceedings between the claimant and Total, subject to any further order. Any person seeking production had to apply to the court and serve the application on the parties.