header-logo header-logo

05 November 2020 / David Burrows
Issue: 7909 / Categories: Features , Public , Privacy
printer mail-detail

Where open justice may be closed…

31235
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll