Thursday, 16 October 2025
The Commercial Court in England and Wales is preparing to launch a six-month pilot designed to make business litigation more open to the public. The initiative aims to publish key documents from major commercial cases, marking a shift toward greater visibility in how high-value disputes are handled.
Supporters say the move will strengthen public trust in the courts and bring the justice system into line with modern expectations of openness. Critics, however, warn that it may expose sensitive commercial information, creating new risks for companies and individuals involved in complex cases.
For the first time, members of the public will be able to access the main written materials used in certain commercial trials — including the arguments, witness statements and expert analyses that judges rely on to reach their decisions. The pilot is expected to run for half a year, after which the court will assess whether the initiative should become a permanent feature of civil justice.
The project builds on a growing belief that justice should not only be done, but also seen to be done. By releasing materials that would normally remain behind legal firewalls, the court hopes to improve understanding of how business disputes are resolved and make proceedings less opaque.
Many legal observers welcome the pilot as a step toward a more accountable and transparent system. Making documents public could help demystify the complex world of corporate litigation and allow journalists, academics, and the wider public to better follow major cases that often involve billions of pounds.
Greater visibility could also reinforce confidence in judicial independence and fairness. When evidence and arguments are accessible, observers can see for themselves how decisions are reached, helping dispel misconceptions about bias or inconsistency. Some lawyers believe that this openness may even lead to higher standards in advocacy, as submissions will now face both judicial and public scrutiny.
Yet the pilot is not without controversy. Business litigants often rely on the courts to protect commercially sensitive data such as pricing models, contracts, or trade secrets. Once published, such information could easily be copied, shared, or used in rival proceedings, damaging a company’s competitive position.
Another concern is the potential rise in redaction disputes, as parties seek to remove confidential details before publication. This could increase costs and slow down proceedings, undermining one of the Commercial Court’s greatest strengths — its efficiency. Smaller businesses, which may lack the resources to manage these additional layers of review, could be particularly disadvantaged.
Lawyers also warn that full disclosure might discourage open communication between clients and their legal teams. If every argument or expert report could later become public, firms may feel compelled to hold back certain details, reducing the candour that often helps courts reach fair outcomes.
The transparency pilot reflects the judiciary’s determination to modernise, but it also highlights the delicate balance between public interest and the right to confidentiality. While the court promises mechanisms for redaction or restriction, it remains to be seen how effectively these safeguards will work in practice — and whether the benefits of openness will outweigh the costs.
As the pilot begins, all eyes in the legal and corporate sectors will be on how the Commercial Court manages this new experiment. If successful, it could set a precedent for wider transparency across the English justice system. If not, it may prove to be a cautionary tale of how too much visibility can come at the expense of fairness and trust.
Source: CMS
