The judiciary of England and Wales has confirmed a two-year pilot that could permanently change how court documents are shared with the public. From Thursday 1 January 2026 to Friday 31 December 2027, accredited journalists and legal bloggers will be able to request access to written court materials, including skeleton arguments, witness statements, and judgments, through a centralised system.
While the reform is designed to enhance transparency and modernise the justice system, it raises practical issues for businesses involved in commercial disputes. For many companies, confidentiality is not optional; it is central to protecting commercial value and reputation.
What is the Open Justice Pilot and where will it apply?
The pilot, launched by the judiciary, will apply to selected divisions of the High Court, including the Commercial Court, the London Circuit Commercial Court, and the Financial List. It seeks to align English practice more closely with international standards of open justice, enabling accredited journalists and legal bloggers to view certain court materials via an online portal.
The pilot is intended to test whether a more open, digital court record system can work in England and Wales. If successful, it could pave the way for a permanent change in how court filings are accessed.
Takeaway: The pilot will significantly widen access to court records from 2026, requiring litigants to plan ahead to protect confidential information.
How does this differ from current practice under CPR 5.4C?
Under the current Civil Procedure Rules (CPR) rule 5.4C, a non-party can obtain statements of case or judgments, but permission from the court is required to access other documents such as witness statements or skeleton arguments. The Supreme Court in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 confirmed that the court must weigh transparency against privacy, commercial confidentiality, and fairness.
The new pilot reverses that position. Access to core written materials will be the default. It will be for the parties, rather than journalists, to justify why particular documents should not be released.
Takeaway: The burden of protecting confidential information will now sit firmly with litigants.
What are the risks for commercial parties and directors?
Commercial litigation frequently involves sensitive business information: financial data, client lists, supply contracts, or details of negotiations. If those documents are published, even in part, they may affect investor confidence, market reputation, or ongoing commercial relationships.
For directors and companies, the pilot increases the need to manage what is placed before the court. The publication of written arguments or witness evidence could lead to unwanted publicity, particularly in cases involving allegations of misconduct or contractual breach.
Takeaway: Greater transparency promotes accountability but may expose commercially sensitive information unless managed carefully.
Can confidentiality still be protected under the pilot?
Yes, but protective measures will need to be planned from the outset. The judiciary has confirmed that certain safeguards remain available, including Filing Modification Orders (FMOs), targeted redactions, and confidentiality schedules, where a party can demonstrate that non-disclosure is necessary.
Importantly, the pilot will not extend to exhibits attached to witness statements. This gives parties an additional layer of protection: they can place sensitive material within exhibits, while avoiding detailed references to it in the body of the statement. By separating confidential content, litigants can reduce the risk of inadvertent publication.
Courts are expected to maintain a restrictive approach to confidentiality orders, reserving them for clear and proportionate cases. Lawyers will therefore need to identify and justify confidentiality issues early in proceedings.
Takeaway: Confidentiality remains possible, but it will rely on active case management and careful drafting of statements and exhibits.
What practical steps should litigants take now?
Businesses considering or engaged in litigation should review how they handle confidential information. Practical measures include:
- Audit filings for sensitivity: identify which documents contain commercially or personally sensitive data before filing.
- Use exhibits strategically: because the pilot will not apply to exhibits, parties can place confidential information there rather than in the body of a witness statement to minimise publication risks.
- Agree confidentiality schedules: reach early agreement with the other party on how confidential material will be handled.
- Seek tailored legal advice: ensure confidentiality requests and any FMOs are prepared properly and justified in law.
- Consider mediation or other forms of ADR: for disputes where privacy is critical, structured settlement discussions may provide an alternative to fully public court proceedings.
Takeaway: Early planning and legal advice will be essential to prevent sensitive information entering the public domain once the pilot begins.
Looking ahead
The Open Justice pilot represents an important step towards digital transparency in the courts of England and Wales. For businesses and directors involved in litigation, it highlights the need to manage confidentiality actively rather than rely on established practice.
FWJ’s Commercial Litigation team will continue to monitor the pilot’s progress and advise clients on strategies to balance open justice with legitimate privacy and commercial interests.
