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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

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

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Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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