Court of Protection pilot scheme: an experiment in greater transparency – Paul Magrath

27 02 2016

Court of ProtectionThe last few years have seen a gradual process of opening up the Family Courts to greater public scrutiny, partly to comply better with the principle of open justice (that “justice must not only be done, but must be seen to be done”) and partly to dispel the notion that justice administered in private hearings must have something to hide and cannot be fully accountable. Read the rest of this entry »





The implications of Incedal: managing the new normal in national security cases – Lawrence McNamara

14 02 2016

Old BaileyThe decision of the Court of Appeal in Incedal ([2016] EWCA Crim 11) is profoundly important for open justice and the public understanding of the security threats faced by our communities and for the accountability of those tasked with combatting security threats. Read the rest of this entry »





Case Law: Ewing v Cardiff Crown Court, The taking of notes in court does not require judicial permission – Hugh Tomlinson QC

10 02 2016

Taking NotesIn the case of Ewing v Crown Court sitting at Cardiff and Newport ([2016] EWHC 183 (Admin)) the Divisional Court confirmed an important feature of the open justice principle: that permission is not needed in order to take notes in Court.  Although the Court may, for good reason, withdraw the liberty to take notes, the default position is that anyone who attends a public hearing is free to take notes. Read the rest of this entry »





News: Court of Appeal dismisses Media’s “Terror Trial” secrecy appeal

9 02 2016

Erol_IncedalThe Court of Appeal today dismissed an appeal brought by a number of media organisations against continuing restrictions on reporting the trial of Erol Incedal.  In a judgment given by Lord Thomas CJ, Guardian News And Media Ltd & Ors v R. & Incedal ([2016] EWCA Crim 11), the Court upheld reporting restrictions which had covered parts of the trial which were held in private. Read the rest of this entry »





Court of Protection hearings to be held in public – Lucy Series

26 11 2015

Court of ProtectionThe Court of Protection (“CoP”) has just announced its first pilot project:  on transparency. The pilot project will reverse the presumption in the Court of Protection Rules 2007 that hearings are heard in private. Read the rest of this entry »





Case Comment, Canada: AM v Toronto Police Service, A presumption of notice to the media for anonymization applications? – David Potts

17 10 2015

Ontario_Superior_Court_of_JusticeIn the case of A.M. v Toronto Police Service (2015 ONSC 5684) the Divisional Court of the Ontario Superior Court of Justice examined a narrow but important question of  the obligation of notice to the media when a party is seeking an anonymization order. In this case, within an application for judicial review, the applicant AM applied  for an order permitting him to pursue the application using only his initials. Read the rest of this entry »





South Africa: Access to court papers is part of open justice – Dario Milo and Stuart Scott

2 07 2015

Dario-MiloJustice must not only be done, it must be seen to be done. This is the essence of the principle of open justice. Put differently, the public has a right to have access to the courts, to observe how matters will be decided and to obtain court documents relating to those cases. Read the rest of this entry »








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