Open Justice in UK Law
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Attorney General v Leveller Magazine Ltd
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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.
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R (Guardian News and Media Ltd) v City of Westminster Magistrates' Court and another (Article 19 intervening)
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The words express a principle at the heart of our system of justice and vital to the rule of law. The rule of law is a fine concept but fine words butter no parsnips. In a democracy, where power depends on the consent of the people governed, the answer must lie in the transparency of the legal process. Open justice lets in the light and allows the public to scrutinise the workings of the law, for better or for worse.
In a case where documents have been placed before a judge and referred to in the course of proceedings, in my judgment the default position should be that access should be permitted on the open justice principle; and where access is sought for a proper journalistic purpose, the case for allowing it will be particularly strong. The court has to carry out a proportionality exercise which will be fact-specific.
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R v Howell (Errol) (pet dis)
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Discovery constitutes a very serious invasion of the privacy and confidentiality of a litigant's affairs. It forms part of English legal procedure because the public interest in securing that justice is done between parties is considered to outweigh the private and public interest in the maintenance of confidentiality.
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Dian AO v Davis Frankel & Mead (A Firm) and another
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It could be argued that the principle of open justice demands that the court records be open to all and sundry as a right in order to enable anyone who wishes to do so to satisfy himself that justice was done in any given case. But that has never been the law and it is not what rule 5.4 says. The principle of open justice is primarily concerned with monitoring the decision-making process as it takes place, not with reviewing the process long after the event.
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R v Legal Aid Board, ex parte Kaim Todner (A Firm)
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The need to be vigilant arises from the natural tendency for the general principle to be eroded and for exceptions to grow by accretion as the exceptions are applied by analogy to existing cases. It is necessary because the public nature of proceedings deters inappropriate behaviour on the part of the court. It also maintains the public's confidence in the administration of justice. It enables the public to know that justice is being administered impartially.
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Re S (A Child) (Identification: Restrictions on Publication)
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What does, however, emerge clearly from the opinions are four propositions. First, neither article has as such precedence over the other. Secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary. Thirdly, the justifications for interfering with or restricting each right must be taken into account. For convenience I will call this the ultimate balancing test.
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Petty Sessions (Ireland) Act 1851
... ... Consideration of such Alteration to every Justice of the County or Riding, as the Case may be, and such ... Notice, stating ... Justices shall direct, and also subject to their being at all Times open to the Inspection of the Justices and of any other Person or Persons whom ... ...
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Sentencing Act 2020
... ... during all or part of the period of deferment;(b) restorative justice requirements ... Annotations: Commencement Information # I32 S. 3 in ... -sentence report, it may accept a pre-sentence report given orally in open court.But this is subject to—(a) any rules made under subsection (1) (b) ... ...
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Modern Slavery Act 2015
... ... 5(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No ... a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order ... ...
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Betting Act 1853
... ... , Office, Room, or other Place, or a Person using the same, shall open, keep, or use the same for the Purposes herein-before mentioned, or either ... XI. It shall be lawful for any Justice of the Peace, upon Complaint made before him on Oath that there is reason ... ...
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Open Justice: Concepts and Judicial Approaches
Recent years have seen an increase in the number and scope of non-publication orders and other limits on open justice, an increase in the number of statutes that regulate or threaten open justice a...
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Open Justice or Open Season?: Should the Media Report the Names of Suspects and Defendants?
The daily news in England and Wales is full of reports about people who have been arrested, arraigned before a court, convicted and sometimes also acquitted, of some heinous crime or other. Most di...
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The End of Innocence: Open Justice, Free Speech and Privacy in the Modern Constitution – Khuja (formerly PNM) v Times Newspapers Limited
This case note explores the issue of open justice considered by Khuja (formerly PNM) v Times Newspapers Limited in the Supreme Court and argues that the current law is confused and incoherent. Far ...
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The COVID-19 Pandemic, the Courts and Online Hearings: Maintaining Open Justice, Procedural Fairness and Impartiality
The COVID-19 pandemic and the ensuing mandated health protections saw courts turn to communications technology as a means to be able to continue to function. However, courts are unique institutions...
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Dring v Cape: open justice not open access
The High Court's decision in Dring v Cape has set out a new balancing test for third party access to documents disclosed during litigation. The new approach should provide some comfort to defendant...
- Confidentiality Clubs - A Departure From Open Justice?
- A v BBC: When Can The Principle Of Open Justice Be Departed From?
- Principle Of Open Justice Allows Non-Party To Litigation Proceedings Access To Court Documents
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Standard 'Unless' Order or other Order upon failure to file directions questionnaire (rule 26.3, PD 26 para. 2.5, and Form N181)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... 2.5, and Form N181) ... In the High Court of Justice ... [ ] Division ... [ ] ... ’s Bench Division, Royal Courts of Justice, Strand, WC2A 2LL is open between 10am and 4.30pm Monday to Friday. When corresponding with the ... ...
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Apply for more time to register security for a loan
Forms relating to bankruptcy and insolvency, including the application for a certificate to show your bankruptcy has ended.... ... ‘HMCTS’ and are paid in the Royal Courts of Justice Rolls Building ... For information about fees please call 020 7947 6531 ... When is the Companies Court open? ... The Court is open from 10.00 am to 4.30 pm, Mondays to Fridays ... ...
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Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... Civil Appeals Office website at http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms ... Royal Courts of Justice ... London WC2A 2LL ... The Office is open Monday to Friday, 10.00am to 4.30pm ... If permission to appeal is ... ...
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Claim form (Part 8)
Commercial Court forms including claims and application notices....Cl a i m F o rm ... (CPR Part 8) ... In the High Court of Justice ... Queen’s Bench Division ... Commercial Court ... Royal Courts of ... Rolls Building, 7 Rolls Building, Fetter Lane, London, EC2A 1NL is open between 10am and 4.30pm ... Monday to Friday. When corresponding with the ... ...