A decision on the way forward for new rules governing access to court documents could be made next month, following a temporary injunction obtained by the Law Society.

November 2 has been set for a judicial review, unless agreement can be reached before then on what happens next.

New rules to give the media and other members of the public automatic access to statements of case without the court’s permission were due to come into force in full on October 2. This was halted by the Law Society’s temporary injunction.

The Society had concerns that by operating the rule retrospectively, journalists and the public would be able to access documents in cases which were already settled or which had not previously come into the public domain.

On October 5, Mr Justice Keith replaced the injunction with a declaration that the new Rule 5.4 of the Civil Procedure Rules would only apply to statements of case filed on or after October 2 and would not apply retrospectively until a final decision was made.

Now the Department for Constitutional Affairs – which is responsible for the Court Service and the Civil Procedure Rules Committee – is to consult groups such as the press and broadcasters in a bid to reach agreement on what should happen next.

The Law Society is said to be concerned that documents in cases started before the new rule came in were drafted on the basis that they would be disclosed to the parties and the court alone, and that there would be no access to papers apart from the Claim Form for members of the public.

It has also said that the parties had a reasonable expectation of confidentiality, and that expectation should not be overturned retrospectively.

The revised rules, which currently only apply to statements filed on or after October 2, gives access to the claim form, particulars of claim, defence, reply, counterclaim or other additional claim and other additional information.

Requests have to be made to the court in writing, but will be available as long as there is no order restricting their release.