When can draft judgments be shared internally?

A topical issue over the past year has been the importance of not sharing draft judgments: several cases confirmed that sharing a draft judgment (which is sent to the parties and their lawyers on the basis that it is kept confidential) is a serious matter and can result in a contempt of court finding.

In another recent case on this topic, R. (on the application of Kinsey) v Lewisham LBC, a party to the proceedings shared the draft judgment (and, with some people, the outcome of the case) internally. It was held that draft judgments cannot be shared internally within a client organisation "for interest" or "for information" purposes only, but they can be if there is a need to know. 

As the judge put it: "I accept that persons within an … entity which is a party to the proceedings may, in preparing themselves for publication of the judgment, need to be aware of the substance of a [draft judgment], may need to be prepared, and may need to be assisted by co-workers in how they are prepared, so as to be able to 'hit the ground running' when the judgment is handed down".

The court will usually not want to be drawn into a debate about who exactly can be shown the draft internally, but parties should still act diligently and responsibly, and legal advice sought where necessary.