Bunting v Zurich

I wrote to Bailii today asking whether there was any reason why Pepperall J's judgment in the Bunting appeal had not yet been published. The answer they gave was:

"I don't see anyone commercial or non-commercial as having this judgment.

There is a restriction on the number of English cases from Divisions of the High Court which can be added to the BAILII database which arises from the fact that the shorthand-writers who transcribe judgments which have been given verbally (as opposed to judgments handed down on paper) may own the copyright in the transcribed version of the judgment. Copies of judgments in published law reports may also be subject to copyright. This prevents the judgment being added to the BAILII database without the consent of the shorthand-writer or law report publisher. BAILII, being a free web site, has no funds with which to acquire a licence to copy and display the transcripts. BAILII continues to press for the system to be changed so that all judgments may be freely available.

Handed down first-instance decisions of the England and Wales and Northern Ireland High Courts are generally only provided to BAILII where the Judge giving the judgment indicates that they are of sufficient interest to be made available for publication on the Internet.

Copies of unreported English judgments which are not available on BAILII can be requested from the court, via the transcript request form EX107."

Reading between the lines, I suspect that means it is for one of the parties to request and pay for the judgment to be transcribed and then reported on Lawtel or wherever, which may explain the delay.


Bailli have just come back to me.

They have spoken to the judge's clerk who told them that judgment was given extemporary over Skype (which we knew) and they have attached the order made by the judge - see below


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