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Open or Closed

15 January 2009
Issue: 7352 / Categories: Case law , Judicial line , In Court
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Can you please tell me whether district judges exercising insolvency jurisdiction...

Can you please tell me whether district judges exercising insolvency jurisdiction and bankruptcy registrars sit in chambers or in open court? They do not seem to be able to make up their minds about this.

Whatever the court or room in which the judge sits, they can be expected to operate on the presumption that the hearing is open to the public, subject to any application for the hearing to be conducted in private (Civil Procedure Rules 1998 r 39.2). When they do sit in private (as they will, for example, when making orders in the course of boxwork dealt with in the absence of the parties) their orders will usually describe them in the modern way as sitting “in private” although “in chambers” is also still used. The High Court cause list does not expressly refer to public or private hearings but to whether the judge will be robed or unrobed which should be of use to legal representatives who have any doubts as

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MOVERS & SHAKERS

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
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