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03 May 2012
Issue: 7512 / Categories: Case law , Law reports , In Court
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Disclosure or inspection of documents—Third parties—Open justice

R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, [2012] All ER (D) 18 (Apr)

Court of Appeal, Civil Division, Lord Neuberger MR, Hooper and Tomlinson LJJ, 3 Apr 2012

In a case where documents have been placed before a judge and referred to in the course of proceedings, the default position is that access will be permitted on the open justice principle; where access is sought for a proper journalistic purpose, the case for allowing it will be particularly strong.

Gavin Millar QC and Adam Wolanski (instructed by Reynolds Porter Chamberlain LLP) for the claimant. The defendant did not appear and was not represented. David Perry QC and Melanie Cumberland (instructed by the CPS) for the government of the US as interested party. Heather Rogers QC and Ben Silverstone (instructed by Leigh Day & Co) for the intervener.

The government of the US, the interested party in the instant proceedings, sought the extradition of two British

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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