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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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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