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19 September 2025 / Neil Parpworth
Issue: 8131 / Categories: Features , Human rights , Media , Public , Health & safety
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Open justice: an issue to address

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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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