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15 January 2009
Issue: 7352 / Categories: Case law , Judicial line , In Court
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Open or Closed

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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