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 »





Practice Guidance: Committal for Contempt of Court – Open Court

30 06 2015

Lord ThomasThe Lord Chief Justice, Lord Thomas, has issued “Practice Guidance on Committal for Contempt of Court – Open Court” [doc] to answer various questions on the application and interpretation of the “Practice Direction: Committal for Contempt of Court – Open Court” [pdf] issued on 26 March 2015. Read the rest of this entry »





Case Law: BBC v Roden, Open justice, anonymity and the protection of reputation – Hugh Tomlinson QC

18 06 2015

BBCIn the case of BBC v Roden ([2015] UKEAT 0385_14_1205) Simler J sitting as the Employment Appeal Tribunal overturned a remarkable anonymity order which had been made at the conclusion of Employment Tribunal proceedings to protect the reputation of a claimant who had misled his employers and reaffirmed the importance of open justice. Read the rest of this entry »





Case Law, South Africa: City of Cape Town v Sanral, “It tolls for open justice” – Dario Milo

9 04 2015

Cape TownLast week, the South African Supreme Court of Appeal (SCA) handed down its decision ( [2015] ZASCA 58) in the appeal by the City of Cape Town against a Western Cape High Court decision which had dramatically undermined the principle of open justice. Read the rest of this entry »





Practice Direction: Committal for Contempt of Court, Open Court

1 04 2015

Lord ThomasThe Lord Chief Justice, Lord Thomas, has issued a new “Practice Direction: Committal for Contempt of Court – Open Court” [pdf] which applies to all courts in England and Wales.  it introduces strict rules designed to ensure open justice, providing that all committal hearings “shall be listed and heard in public” [5]. Read the rest of this entry »





Case Law: A healthcare NHS Trust v P and Q, Transparency in the Court of Protection, press should be allowed names – Rosalind English

22 03 2015

312856-002.jpgIn the case of A healthcare NHS Trust v P & Q ([2015] EWCOP 15) the Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply. Read the rest of this entry »





Lights, Camera, Oscar!*: Did Judge Masipa find in her judgment that the broadcast led to an unfair trial? – Dario Milo and Stuart Scott

21 10 2014

Judge Thokozile Masipa has, today, sentenced Oscar Pistorius to 5 years’ imprisonment in respect of his conviction for culpable homicide. Judge Masipa’s judgment in respect of the conviction, handed down last month, led to a sea of divided opinion. Read the rest of this entry »








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