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 »





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 »








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