header-logo header-logo

12 September 2025 / Nicholas Dobson
Issue: 8130 / Categories: Features , Public
printer mail-detail

Open justice: tested

229565
Care proceedings and public interest were centre stage in a recent case involving the BBC. Nicholas Dobson reports
  • X and another v The BBC and others [2025] concerned the limits of the open justice principle, specifically in the context of care proceedings under the Children Act 1989.
  • The court found that the BBC’s objective wasn’t to scrutinise the way courts decide cases or to help the public to understand how the justice system works. So the purposes behind the its application weren’t connected with the open justice principle

The Irish judge James Mathew (1830-1908) once tartly observed: ‘In England, justice is open to all—like the Ritz Hotel.’ But justice being available to all (or otherwise) is a different question from the openness of the justice system itself.

Open justice requires public entitlement to see how justice is done. Courts should therefore hold hearings in open court, enabling public access. Press and others are entitled to report on legal proceedings, and judicial decisions should be publicly available. Courts must apply their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll