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NLJ this week: Limiting the application of the open justice principle

19 September 2025
Issue: 8131 / Categories: Legal News , Human rights , Public , Health & safety , Media
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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

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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