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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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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
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