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19 September 2025
Issue: 8131 / Categories: Legal News , Human rights , Public , Health & safety , Media
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NLJ this week: Limiting the application of the open justice principle

230035
An MP charged with sexual assault successfully applied to withhold his home address from open court in R v Spencer [2025] Lexis Citation 2032. Writing in NLJ this week, Neil Parpworth of Leicester De Montfort Law School examines the ruling and its implications for the open justice principle

The chief magistrate used common law powers and a s 11 Contempt of Court Act order, citing risks to the MP’s family and the principle of open justice. HHJ Baumgartner upheld the order, noting that the MP’s identity was already well-known and that publishing his address could undermine police security measures. The judge clarified that such orders are not for the defendant’s comfort but must be justified by exceptional circumstances.

While the court found no immediate risk under Art 2 ECHR, it acknowledged the heightened threats MPs face. The case signals a shift in balancing transparency with personal safety, especially for public figures.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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