Associate Darius Latham-Koenig has contributed expert analysis to LexisNexis on the High Court’s decision in Various Claimants v Entain Plc, a case examining the tension between open justice and the risk of prejudice to ongoing criminal proceedings.

The judgment considers whether expanded public access to court documents under CPR PD 51ZH should be restricted where related criminal prosecutions remain pending. Applying the Supreme Court’s decision in Cape Intermediate Holdings Ltd v Dring, the Court granted a Filing Modification Order and confirmed that reporting restrictions would be imposed to protect the fairness of future jury trials.

In his analysis, Darius highlights the practical implications of the decision for litigants seeking restrictions on access to court documents. The judgment provides important guidance on how courts are likely to balance the principle of open justice against the need to safeguard the integrity of criminal proceedings, and emphasises the importance of targeted, proportionate measures rather than blanket restrictions.

The case represents one of the first significant decisions to consider the operation of the new disclosure regime in circumstances where parallel criminal proceedings are ongoing.

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