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12 September 2025 / Nicholas Dobson
Issue: 8130 / Categories: Features , Public
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Open justice: tested

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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