Case Law: Graiseley Properties v Barclays Bank, No anonymity in LIBOR litigation, Article 8 not considered – Lorna Skinner

In Graiseley Properties Limited and others v Barclays Bank Plc [2013] EWHC 67 (Comm) Mr Justice Flaux refused an application for anonymity orders made by 106 employees and former employees of Barclays in a test case arising from the LIBOR scandal on the basis that they had not established that it was strictly necessary for the proper administration of justice within Article 10(2) [57]. Whilst the outcome is not particularly surprising, the part of the judgment relating to the application of Article 8 is curious and merits further consideration.

Case Law: R (Commissioner of Police) v Chairman of the Inquiry into the Death of Azelle Rodney, lawyers can see surveillance film footage – Rosalind English

R (on the application of the Metropolitan Police Service) v the Chairman of the Inquiry into the Death of Azelle Rodney and Interested Parties ([2012] EWHA 2783 (Admin)).  The public inquiry into the death of Azelle Rodney, which commenced in 2010, was still under way when it was interrupted by the present dispute. It concerned the issue whether police surveillance footage taken from the air, showing Azelle Rodney’s movements in the two hours before his death, should be disclosed to the legal team representing his mother at the Inquiry.

Open justice and access to court documents in Ireland – Eoin O’Dell

On 22 August 2012, in the Irish Independent, Dearbbail McDonald reported that the public will get better access to court documents under plans being considered by the Government: “Ireland is unique among countries with a common law system as it does not provide access to court documents. Members of the public, as well as the media, have no way of securing access to documents, including court statements and legal submissions, that are opened and relied on in legal proceedings. … The lack of access to court files has been raised in submissions to amend the forthcoming Legal Services Regulation Bill“.

New Publication: ‘Justice Wide Open’ Working Papers – Judith Townend

The real “democratic deficit” in the courts is about limited public access not “unelected judges“, Adam Wagner, a barrister at One Crown Office Row, argued on the UK Human Rights Blog at the weekend, challenging a recent political and media narrative.

In his view, the internet age necessitates “a completely new understanding of the old adage ‘Not only must Justice be done; it must also be seen to be done‘”.