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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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