McCann Fitzgerald litigation partner Catherine Derrig (small picture) has written that the High Court recently recognised that the press may apply for access to court records, for the purposes of fairly and accurately reporting on court proceedings.

This also applies to documents which have not been read aloud in open court.

Seek disclosure

The briefing considers the judgment in Law Society v Ellis is a useful reminder for parties involved in the preparation of court records such as affidavits and their exhibits, that the press are in general entitled to seek disclosure of, and report on, such documents.

In the case, the respondent raised concern on media reporting about an affidavit submitted to the court and read by the judge prior to a hearing, but which had not been read aloud in court.

It was alleged that the affidavit had been “leaked” to the media, the McCann FitzGerald lawyers, including Kate Doyle and Eoin O'Riordan, say.

The judgment noted that the reason why the press is entitled to report accurately on the content of court documents, even those not been read aloud, is obvious in light of the practice which has developed, whereby judges read the papers in advance. 

That practice is for the ease of parties and results in time and costs savings.

The High Court judgment is clear in stating that it is critical that the working press are entitled to refer to that documentation, notwithstanding that it has not been read aloud in court.

Even if not read aloud, it is still part of the court record: the judge has read it, he or she will be relying on it and the exchanges between the judge and counsel will be based on that material, the McCann FitzGerald lawyers state.

Administered in public

The court noted that this proposition was supported by the constitutional requirement under Article 34.1 that justice be administered in public.

Also discussed in the judgment was INM vs The companies Act, and the Rules of the Superior Courts, which allow the press to apply for disclosure of court-record information, for the fair and accurate reporting of proceedings to which the record relates.

This applies even where the information in question represents personal data within the meaning of the GDPR.

Exceptions apply family law proceedings or proceedings involving minors, the lawyers state.