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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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