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19 September 2018
Issue: 7809 / Categories: Legal News
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Open justice upheld by High Court

A litigant whose application to make an anonymous statement in open court was refused cannot then claim anonymity for the application itself, the High Court has held.

Ruling in SWS v Department for Work and Pensions [2018] EWHC 2282 (QB), Mr Justice Warby held that there was no more than a ‘speculative possibility’ that the litigant’s identification might cause him embarrassment and damage to reputation, which was ‘not enough to justify anonymity’. The anonymous statement in open court was requested as part of a settlement between the man and the department after details of his health were revealed to his employer.

However, Warby J said: ‘Open justice is always the starting point; derogations can only be justified to the extent that they are necessary; and… the burden of adducing evidence and/or reasons to justify a derogation from open justice always falls on the applicant for such an order.’

Issue: 7809 / Categories: Legal News
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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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