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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

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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