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Civil Court Reporting

Civil courts — from the County Court to the High Court and Court of Appeal — produce significant journalism about disputes between individuals, companies, and public bodies. This guide covers access, naming parties, finding judgments on BAILII, and the defamation privilege that protects court reporters.

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Jurisdiction note: This guide covers civil proceedings in England and Wales. Scotland has the Court of Session (civil) and Sheriff Court (civil); Northern Ireland has its own Court of Judicature structure.

Civil court structure in England and Wales

County Court
The County Court deals with most civil claims — contract disputes, personal injury, debt, landlord-tenant, and smaller tort claims. Claims under £10,000 go to the small claims track; claims under £25,000 to the fast track; larger and more complex claims to the multi-track. County Court judgments are rarely published unless they contain a significant legal point.
High Court
Three divisions: King's Bench Division (contract, tort, judicial review), Chancery Division (company law, property, intellectual property, trusts), and Family Division. High Court judgments are generally published on BAILII. The Commercial Court (KBD) handles major commercial disputes and its judgments are often highly significant for business journalism.
Court of Appeal (Civil Division)
Hears appeals from the High Court, County Court, and some tribunals. Judgments are published and establish binding precedent for lower courts. Always a significant legal event.
Supreme Court
The final court of appeal for civil matters across the UK. Hears cases involving points of law of general public importance. All hearings are broadcast live and judgments are published in full.

Absolute and qualified privilege under the Defamation Act 2013

The Defamation Act 2013 provides two levels of protection for court reporters:

Absolute privilege (s.14) — the strongest protection

A fair and accurate report of proceedings in public before any court in the UK, published contemporaneously, attracts absolute privilege. This is an absolute defence to defamation — it cannot be overcome even by proof of malice. The report must be: of proceedings that were in public; fair and accurate; and published contemporaneously (that day or at the earliest reasonable opportunity).

Qualified privilege (s.15 and Sch.1) — a strong but defeasible protection

Reports of civil proceedings published after a delay, or reports of courts outside the UK, attract qualified privilege under Schedule 1. The privilege can be defeated by proof of malice. The report must still be fair and accurate. Qualified privilege also extends to published judgments themselves — reproducing the text of a published judgment from BAILII attracts Schedule 1 protection.

Finding civil court judgments

  • BAILII (bailii.org): The primary free database for UK court judgments. Covers High Court, Court of Appeal, and Supreme Court judgments. Searchable by party name, legal issue, and jurisdiction. Not comprehensive for County Court decisions.
  • Supreme Court (supremecourt.uk): All Supreme Court judgments published with full transcripts and video of the hearing. The Supreme Court also offers press summaries — a useful starting point for journalists.
  • Courts and Tribunals Judiciary (judiciary.gov.uk): Publishes selected High Court judgments, particularly in significant cases. Also publishes weekly lists of reserved judgments about to be handed down.
  • LexisNexis and Westlaw: Commercial legal databases with more comprehensive coverage, including County Court decisions. Subscription required. Many newsrooms have institutional access.
  • HMCTS Civil Business: For County Court judgments that are not published, a subject access request or court record request to HMCTS may yield the decision at a fee.

Civil Procedure Rules and open justice

The Civil Procedure Rules (CPR) govern civil proceedings in England and Wales. CPR Practice Direction 39A sets out when hearings are to be held in public and when they may be held in private. The default for most interim and final hearings is in public.

CPR Part 5.4C allows any person to obtain from the court office a copy of any claim form, judgment, or order that has been filed. You can obtain claim forms (which set out the basis of the claim) and judgments without being a party to the proceedings by applying to the court office. A fee may apply.

The Civil Procedure Rules are at justice.gov.uk/courts/procedure-rules/civil.

Reporting costs and damages in civil cases

Damages and costs awards are important parts of civil judgments and are fully reportable. However, take care with the distinction between:

  • Damages awarded at trial — the amount the court ordered to be paid.
  • Costs orders — who pays the legal costs of the action. The general rule is that the loser pays the winner's costs, but this is subject to many qualifications.
  • Interim payments — payments ordered before final judgment. Not the final award.
  • Settlements — agreed payments made without a court determination. These may be confidential; be careful about reporting settlement terms that were not made public in court.

Common mistakes

  • Treating a claim (the allegation) as if it were a finding — a claim is unproven until a court so finds.
  • Confusing absolute and qualified privilege — non-contemporaneous reports only attract the weaker qualified privilege.
  • Failing to note whether a hearing was in private — proceedings heard in private attract no absolute privilege protection.
  • Reporting a settlement reached confidentially as if it were a court determination.
  • Describing costs orders without understanding what they actually mean — a claimant can win on liability but lose on costs.

Related guides

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Court Reporting Guide UK
The complete guide to covering UK courts from scratch.

Frequently asked questions

Are civil court hearings open to the public and press?
Generally yes — the open justice principle applies in civil courts. However, more private hearings are held in civil proceedings than in criminal courts. Applications without notice (ex parte), certain family and children matters, and national security cases may be held in private. Where a hearing is in private, the press can apply to attend. If excluded, reasons must be given.
What is qualified privilege for civil court reports?
Under section 15 and Schedule 1 of the Defamation Act 2013, fair and accurate reports of public proceedings in courts anywhere in the world attract qualified privilege — meaning they are protected against defamation claims provided the report is fair, accurate, and contemporaneous, and provided the publication was not made with malice. This is distinct from the absolute privilege that covers contemporaneous reports of UK court proceedings (s.14 Defamation Act 2013), which is a stronger protection.
Can I name the parties in civil proceedings?
In most civil cases, yes — parties are named in proceedings and their names appear in published judgments. Exceptions include: cases where a court has made a specific anonymity order (more common in family-related civil claims); cases involving national security or intelligence material; and cases where the parties are children. The default is identification — anonymity requires a specific court order with reasons.
How do I find civil court judgments?
BAILII (bailii.org) is the primary free source for published civil judgments from the High Court, Court of Appeal, and Supreme Court. Not every civil judgment is published — County Court judgments are rarely published unless they raise a point of legal significance. The National Archives also holds some older judgments. Commercial services (LexisNexis, Westlaw) carry a wider range but require subscriptions.
What is the fair-and-accurate test for civil court reports?
A report of civil proceedings is fair and accurate if it substantially conveys what was said and decided in open proceedings, without material omission that would distort the overall picture. "Fair" means the overall impression is not misleading. "Accurate" means the facts are correctly stated. The report need not be verbatim — a summary that captures the essential character of the proceedings satisfies the test. Including both sides of the argument, even where one is stronger, is best practice.

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Primary sources

Not legal advice. This guide is for educational purposes. Consult a qualified media lawyer before making publication decisions in legally sensitive situations.