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Open justice: an issue to address

19 September 2025 / Neil Parpworth
Issue: 8131 / Categories: Features , Human rights , Media , Public , Health & safety
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Neil Parpworth considers when the court may consider it appropriate to limit the application of the principle of open justice
  • R v Spencer concerned an independent MP who was charged with two counts of sexual assault.
  • The chief magistrate exercised their common law power to make an order withholding the defendant’s residential address from being stated in open court.
  • The Recorder of Westminster, HHJ Baumgartner, confirmed that ‘there cannot be any public interest in the defendant’s home address being aired in open court and reported publicly by the press’.

The principle of open justice is of paramount importance in ensuring that justice is administered in an impartial, fair and transparent manner. A search of the Westlaw Legal database reveals that up to 6 August 2025, there were 377 cases in which ‘open justice’ was a subject/keyword. This of itself demonstrates how often the courts have been called upon either to uphold the principle, or to accept that in the particular circumstances of the case before

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NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
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