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03 January 2019 / Alec Samuels
Issue: 7822 / Categories: Features , Procedure & practice
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Conflicting rights: a stand-off?

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​Alec Samuels reports on secrecy, privacy, confidentiality & anonymity in the courtroom

  • The general rule is that a hearing is to be in public.
  • The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.

Publicity is important, but justice even more so. In contemporary times many situations raise conflicts between the human rights of a fair and public hearing (Art 6), the right to privacy and family life (Art 8) and the right of free speech (Art 10).

The leading cases are:

  • Scott v Scott [1913] AC 417, 437–438, [1911-13] All ER Rep 1.
  • R(C) v Secretary of State for Justice [2016] UKSC 2, [2016] 1 WLR 444, paras [14]–[20] and [36], [2017] 1 All ER 513.
  • A v BBC [2014] UKSC 25, [2015] AC 588 [2014] 2 All ER 827.
  • V v T [2014] EWHC 3432 (Ch), [2014] All ER (D) 293 (Oct).
  • Eurasian Natural Resources Corporation Ltd v Dechert LLP [2016] EWCA Civ 375,
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