in Camera Rule in UK Law

Leading Cases
  • Moscow City Council v Bankers Trust Company and Another
    • Queen's Bench Division (Commercial Court)
    • 05 Jun 2003

    The whole subject with which the court was concerned was an arbitration which in itself was confidential. Indeed, such persons might be dissuaded from arbitration under the supervision of the English court. Each application, hearing and judgment, will be require to be examined by the court to ascertain whether or not a private or public hearing or a private or public judgment is appropriate in the light of the criteria to which I have already referred.

    Whilst IIB and Bankers Trust could provide little evidence of actual detriment should the judgment be published, Moscow has provided equally no good reason for requiring publication either, since it can freely state the end result of the arbitration and the end result of the litigation. In many arbitrations the position may be different, but the terms of CPR 62.10, for the reasons given, provide a strong pointer to the way in which the courts should approach such matters.

  • Attorney General v Leveller Magazine Ltd
    • House of Lords
    • 01 Feb 1979

    If the way that courts behave cannot be hidden from the public ear and eye this provides a safeguard against judicial arbitrariness or idiosyncrasy and maintains the public confidence in the administration of justice.

    However, since the purpose of the general rule is to serve the ends of justice it may be necessary to depart from it where the nature or circumstances of the particular proceeding are such that the application of the general rule in its entirety would frustrate or render impracticable the administration of justice or would damage some other public interest for whose protection parliament has made some statutory derogation from the rule.

    And what appears certain is that at common law the fact that a court sat wholly or partly in camera, and even where in such circumstances the court gave a direction prohibiting publication of information relating to what had been said or done behind closed doors, publication thereafter did not of itself and in every case necessarily mean that there had been contempt of court.

    If a court is satisfied that for the protection of the administration of justice from interference it is necessary to order that evidence either be heard in private or be written down and not given in open court, it may so order. Such an order, or ruling may be the foundation of contempt proceedings against any person who, with knowledge of the order, frustrates its purpose by publishing the evidence kept private or information leading to its exposure.

  • Moscow City Council v Bankers Trust Company and Another
    • Court of Appeal (Civil Division)
    • 25 Mar 2004

    Nevertheless, they are acting in the public interest to facilitate the fairness and well-being of a consensual method of dispute resolution, and both the Rule Committee and the courts can still take into account the parties' expectations regarding privacy and confidentiality when agreeing to arbitrate.

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Legislation
  • Protection of Freedoms Act 2012
    • England & Wales
    • 1 de Enero de 2012
    ...... to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera ... Regulation of biometric data . Destruction rule for fingerprints and DNA profiles subject to PACE . CHAPTER 1. ......
  • Crown Court (Amendment) (No. 2) Rules 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ......2. The Crown Court Rules 1982 (.  c) shall be amended by. inserting, after rule 24, the following new rule-. Hearings in camera. " 24A.- (1) Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national ......
  • The Criminal Procedure Rules 2005
    • UK Non-devolved
    • 1 de Enero de 2005
    ...... rule 16.7 . . . Sending or transfer to Crown Court with direction under section 46 of the 1999 Act . rule 16.8 . . . Hearings in camera and applications under section 46 of the 1999 Act . rule 16.9 . . . Application to hold a Crown Court trial in camera . rule 16.10 . . . ......
  • General Optical Council (Disciplinary Committee) (Procedure) Rules Order of Council 1985
    • UK Non-devolved
    • 1 de Enero de 1985
    ...... of the foregoing paragraph of this rule, "proceedings before the Committee" do not include deliberations of the Committee which may be held in camera in accordance with rule 12. (3) Where in the interests of justice it appears to the Committee that the public should be excluded from any proceedings ......
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Books & Journal Articles
  • Youth Courts and Children's Rights: The Irish Experience
    • Núm. 8-1, Abril 2008
    • Youth Justice
    The Irish youth justice system is currently undergoing substantial reform. When complete, the system will divert most first-time young offenders away from the courts via the Garda (police) Diversio...
    ...... Care Services highlighted the need for judicial training, in camera hearings and procedural modifi cations to reduce the formality of ...In 1985, the United Nations adopted the Standard Minimum Rules on the Adminis- tration of Juvenile Justice (the Beijing Rules), which set ......
  • VI Africa
    • Núm. 14-2, Junio 1996
    • Netherlands Quarterly of Human Rights
    ...... African Commission on Human and Peoples' Rights revises its Rules of Procedure At its 18th Ordinary Session in Praia, Cape Verde, ... of its subsidiary bodies shall be private and shall be held in camera.' The revised Rule 32 follows the examples of other human rights ......
  • Adoption Applications And Parental Responsibility
    • Núm. 20-5, Septiembre 1957
    • The Modern Law Review
    ...... that the 1926 Act proviso enacted the paramountcy rule applicable in guardianship cases. 13 [1947] ILB. 163. 14 Ibid., ... on the application, which is normally held in camera,4a is inappropriate and can make an order for custody for a ......
  • Using data mining to improve traffic safety programs
    • Núm. 106-5, Junio 2006
    • Industrial Management & Data Systems
    • 621-643
    Purpose: The purpose of this paper is to demonstrate how the use of data mining (DM) analysis can be used to evaluate how well cameras that monitor red‐light‐signal controlled intersections improve...
    ...... use of data mining (DM) analysis canbe used to evaluate how well cameras that monitor red-light-signal controlled intersections improvetraffic ..., market-basket analysis and K-means models.Decision trees build rule sets that can abet future decision making. Neural networks try to ......
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Law Firm Commentaries
  • The (Copyright) Law Of The Jungle
    • Mondaq United Kingdom
    ...... taking pictures of a group of macaque monkeys when one stole his camera. A group of the monkeys then started playing with the camera, and in their ...And so the general rule, that "he who creates owns", applies equally to photographs as to other ......
  • Watching the detectives – employee rights to monitor employer misconduct (UK)
    • LexBlog United Kingdom
    Today’s word is “Avizandum”, which the internet tells me is the name of the King of the Dragons, mate of Zubeia and father Azymondias, respected by all the elves as the most powerful creature in th...
    ...... computer to find evidence against him.  He set up a web-enabled camera in his room so that he would be able to monitor any interference with his ... was nothing dealing with the other way around.  We know that as a rule, the use of footage obtained covertly can be a serious problem for the ......
  • And The Winner Is...
    • Mondaq UK
    ...... and stars for their annual accolades - but it also brings out the cameras. And if you dare to strut the red carpet, or put your head above the ...And the so-called "cancel culture" - a kind of social media mob rule where internet vigilantes call the reputational shots - provides that any ......
  • And The Winner Is? Celebrity Media Should Come With A Warning Label
    • Mondaq UK
    ...... and stars for their annual accolades - but it also brings out the cameras. And if you dare to strut the red carpet, or put your head above the ...And the so-called "cancel culture" - a kind of social media mob rule where internet vigilantes call the reputational shots - provides that any ......
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