Who may apply to cancel a confidentiality order, on what ground, and to which court must the application be made?
General information · Not legal advice
Material to check
In a practice file we read the application for the confidentiality order and the order itself, to see who applied and who was served with it, and the record showing which court holds the litigation record or, failing that, which court issued the order, since the provision directs the application to one of those courts.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: the person who applied for the confidentiality order or the person who received it may apply for cancellation, but only where there are facts or circumstances that do not conform to the grounds the earlier provision lists for issuing such an order, and the application goes to the court keeping the litigation record, or, where no such court exists, to the court that issued the order.
Another reading stresses the ground: the provision reaches only a situation where facts or circumstances fall outside the listed grounds, so a disagreement with the order that does not touch those grounds falls outside what this application covers, and the provision does not say what showing of those facts is enough or how the listed grounds are to be read.
Your judgment
Do the facts the applicant relies on fall within, or outside, one of the grounds on which a confidentiality order may be issued?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or which court hears the application, or if a court decision explains when facts are regarded as not conforming to the listed grounds.