From 1 January 2026, public access to court documents has expanded following the introduction of a new pilot scheme in England and Wales. The pilot is designed to strengthen open justice by allowing non-parties to access key court documents once they have been relied upon in open court, marking a significant procedural development for commercial litigation.
What Is the New Court Document Access Pilot?
The pilot has been introduced under Practice Direction 51ZH, which governs access to public domain documents in certain civil proceedings. According to official court guidance set out in Practice Direction 51ZH – Access to Public Domain Documents, parties are now required to re-file documents used in public hearings so they can be accessed by non-parties through the court’s electronic filing system.
This represents a clear shift from the previous position, where non-parties generally had to apply to the court for permission to view most documents.
Which Courts Are Covered by the Pilot?
The expansion of public access to court documents initially applies to proceedings in the Commercial Court, the London Circuit Commercial Court, and cases listed in the Financial List, as confirmed in the official Practice Direction 51ZH guidance published by the Ministry of Justice.
The pilot is scheduled to run for two years, from January 2026 until the end of 2027, after which the judiciary will assess whether the changes should be made permanent.
Which Documents Can Now Be Accessed by Non-Parties?
Under the pilot, public access to court documents may include materials that are central to the hearing and relied upon by the court. These can include witness statements, expert reports, skeleton arguments, and written submissions once they have been used in open court.
As explained in Eversheds Sutherland’s analysis of the new non-party access rules, these materials are treated as “public domain documents” once relied upon and must be re-filed in a format suitable for public access, subject to any confidentiality restrictions.
Why Public Access to Court Documents Is Being Expanded
The judiciary has increasingly recognised that open justice is weakened when hearings are technically public, but the documents shaping those hearings remain inaccessible. As litigation has become more digital and document-heavy, procedural rules have needed to evolve.
By expanding public access to court documents, the courts aim to ensure that journalists, researchers, and other interested parties can better understand how decisions are reached, rather than relying solely on oral argument or limited reporting.
How This Changes Existing Practice
Before January 2026, non-parties seeking access to court documents usually had to make a formal application and rely on judicial discretion. That process could be slow, inconsistent, and resource-intensive.
Under the new pilot:
- Access to certain documents becomes automatic once procedural requirements are met
- Responsibility shifts to the parties to ensure documents are filed correctly
- Administrative burden on the courts is reduced
- Transparency is increased while judicial oversight remains
This marks a meaningful procedural shift in commercial litigation.
What This Means for Legal Teams
For law firms and in-house legal teams, expanded public access to court documents introduces new operational considerations. Documents relied upon in hearings may now be reviewed by journalists, competitors, or other third parties, placing greater emphasis on accuracy, professional presentation, and early consideration of confidentiality and redaction.
Legal teams will need robust internal processes to ensure compliance with re-filing deadlines under Practice Direction 51ZH.
Relevance for Process Serving and Legal Document Handling
Although the pilot does not directly change the rules governing service of documents, it reinforces the importance of clear, traceable document workflows throughout a case.
Understanding what qualifies as a court document and how it moves through the litigation lifecycle is increasingly important. For readers who need background context, WeProcess explains what process serving is and how legal documents are formally delivered in the UK.
Professional process servers also play a key role in ensuring documents are delivered accurately and properly recorded, supporting procedural compliance as transparency reforms evolve.
Digital Justice and Wider Reform
The pilot aligns with wider efforts to modernise civil justice, including the government’s work on online court procedures. The Ministry of Justice recently consulted on the Online Procedure (Core Rules and Pilot Schemes) Rules, which aim to establish clearer frameworks for handling cases digitally across different jurisdictions.
Together, these developments indicate a continued move toward a more transparent, digital-first civil justice system.
Looking Ahead
Feedback from the pilot will inform whether expanded public access to court documents becomes a permanent feature of the Civil Procedure Rules. Legal professionals should monitor developments closely and review internal processes to ensure compliance as transparency expectations continue to evolve.
For law firms managing document workflows at scale, WeProcess also provides guidance on working effectively with legal service partners to support efficient service, filing, and evidence handling.