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21 November 2025 / Ian Gascoigne
Issue: 8140 / Categories: Features , Privacy , Dispute resolution
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A hierarchy of privacy?

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As the courts juggle the principles of open justice & confidentiality, a piecemeal approach to privacy has emerged: Ian Gascoigne asks whether a simpler, more predictable system is overdue
  • This article explores how English civil courts increasingly navigate between the principles of open justice and the need to protect privacy, secrecy, or confidentiality—especially in national security and commercial contexts.
  • It identifies five informal categories of privacy in court proceedings, ranging from fully public hearings to entirely secret ones, illustrating how the system has evolved piecemeal rather than by design.

‘Publicity is the very soul of justice’. So said Lord Shaw of Dunfermline in the House of Lords, citing Jeremy Bentham, more than 110 years ago in Scott v Scott [1913] AC 417.

In July this year, a court’s judgment was published in which a ‘super injunction’ obtained by the government acting through the Ministry of Defence on 1 September 2023 was set aside (Ministry of Defence v Global Media and Entertainment Ltd [2025] EWHC 1806 (Admin)). One of

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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