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Case Law: BBC v Roden, Open justice, anonymity and the protection of...
In the case of BBC v Roden ([2015] UKEAT 0385_14_1205) Simler J sitting as the Employment Appeal Tribunal overturned a remarkable anonymity order which had been made at the conclusion of Employment...
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Practice Guidance: Committal for Contempt of Court – Open Court
The Lord Chief Justice, Lord Thomas, has issued “Practice Guidance on Committal for Contempt of Court – Open Court” [doc] to answer various questions on the application and interpretation of the...
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South Africa: Access to court papers is part of open justice – Dario Milo and...
Justice must not only be done, it must be seen to be done. This is the essence of the principle of open justice. Put differently, the public has a right to have access to the courts, to observe how...
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Case Comment, Canada: AM v Toronto Police Service, A presumption of notice to...
In the case of A.M. v Toronto Police Service (2015 ONSC 5684) the Divisional Court of the Ontario Superior Court of Justice examined a narrow but important question of the obligation of notice to the...
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Court of Protection hearings to be held in public – Lucy Series
The Court of Protection (“CoP”) has just announced its first pilot project: on transparency. The pilot project will reverse the presumption in the Court of Protection Rules 2007 that hearings are...
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News: Court of Appeal dismisses Media’s “Terror Trial” secrecy appeal
The Court of Appeal today dismissed an appeal brought by a number of media organisations against continuing restrictions on reporting the trial of Erol Incedal. In a judgment given by Lord Thomas CJ,...
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Case Law: Ewing v Cardiff Crown Court, The taking of notes in court does not...
In the case of Ewing v Crown Court sitting at Cardiff and Newport ([2016] EWHC 183 (Admin)) the Divisional Court confirmed an important feature of the open justice principle: that permission is not...
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The implications of Incedal: managing the new normal in national security...
The decision of the Court of Appeal in Incedal ([2016] EWCA Crim 11) is profoundly important for open justice and the public understanding of the security threats faced by our communities and for the...
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Court of Protection pilot scheme: an experiment in greater transparency –...
The last few years have seen a gradual process of opening up the Family Courts to greater public scrutiny, partly to comply better with the principle of open justice (that “justice must not only be...
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Open letter from NGOs and academics on Open Justice in the Covid-19 emergency
In recent weeks, the House of Commons select committee on justice has been assured by members of the government, judiciary and court service that open justice continues, despite changes to the nature...
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