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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

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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