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05 November 2020 / David Burrows
Issue: 7909 / Categories: Features , Public , Privacy
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Where open justice may be closed…

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A fine balance? David Burrows reflects on balancing public interest, the administration of justice & confidentiality

Why open justice? Three answers will suffice for now; but first to be quite clear what is meant by ‘open justice’. It has three related, but separate, aspects:

  • whether the public, especially the media, are permitted to come into court;
  • whether and documents or other information (here called ‘material’) can be released to any of the public (a) before a hearing; and (b) afterwards; and
  • whether any names such as of parties, witnesses, public bodies or opinion witnesses can be released.

Of these three I will concentrate on the first two. To the question ‘why open justice’ replies—mostly in relation to the second —release of material–issue, answers have included, first Jeremy Bentham, quoted by Lord Shaw of Dunfermline in Scott v Scott [1913] AC 417at 477 who said: ‘Publicity is the very soul of justice. It is the keenest spur to exertion and the surest of all guards against improbity. It

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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