Went today to view a TT file of mine, as I suspected tenant was making an application post hearing.
Staff refused me permission to see my own file, saying i had to write in and apply for permission to view.
Plainly they had not read their own rules: The District Court Rules 2009 state at 3.13
General right of access to formal court record
and at 3.18
Restrictions on access
We have a right to view the files, in fact that may be a right to view no t only our own but all TT files!! Stick to your guns Tantalus
Staff refused me permission to see my own file, saying i had to write in and apply for permission to view.
Plainly they had not read their own rules: The District Court Rules 2009 state at 3.13
General right of access to formal court record
- Subject to rule 3.18 every person has the right to access the formal court record kept in an office of the court.
Compare: HCR 3.7
and at 3.18
Restrictions on access
- 3.18.1Any right or permission conferred or given by these rules to access a document, court file, or any part of the formal court record is subject to—
- (a)any enactment, court order, or direction limiting or prohibiting access or publication; and
- (b)the payment of any prescribed fees for access.
3.18.2A person may not access a document, court file, judgment, or order that relates to a proceeding brought under an enactment specified in rule 3.18.3 unless—
- (a)the person is a party to that proceeding; or
- (b)the court permits the person to do so.
3.18.3The enactments are as follows: (list deleted for brevity but does not include Tenancy Act..)
This is not the first time I have encountered Court Staff making up their own rules on the hoof. I anyone else does I hope you look up the rules and stick to your guns.
We have a right to view the files, in fact that may be a right to view no t only our own but all TT files!! Stick to your guns Tantalus
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