header-logo header-logo

21 November 2025 / Ian Gascoigne
Issue: 8140 / Categories: Features , Privacy , Dispute resolution
printer mail-detail

A hierarchy of privacy?

236041
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
Careless client checks do not automatically make a solicitor dishonest, but deliberately avoiding confirmation of suspected wrongdoing can cross the line
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
back-to-top-scroll