Disclosure to non-party NGO of evidence relied on at court
07 March 2019
A non-governmental organisation (NGO) has been granted disclosure of evidence relied upon by litigants in concluded judicial review proceedings concerning tobacco packaging (JR). The NGO was not party to the JR. Much of the evidence, which was of central importance to the JR, had not been read out in open court during the JR, but had been referred to in oral and written submissions and read by the judge in pre- and post-hearing reading. The ruling shows the court using its inherent powers to order disclosure in aid of open justice, even where the documents might fall outside the scope of the non-party access rules in the CPR: British American Tobacco (UK) Ltd & ors, R (on the application of) v Secretary of State for Health  EWHC 3586 (Admin).