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 »





South Africa: A mistrial for Oscar Pistorius? We think not – Dario Milo and Stuart Scott

15 07 2014

pistorius_2486158bOn Sunday night, Australia’s Channel 7 broadcast a video showing Oscar Pistorius apparently re-enacting various moments from the night he killed Reeva Steenkamp.  The footage was reportedly filmed in October 2013 by a US company, The Evidence Room, and reports say that it was commissioned by the defence team to assist with trial preparation in order to reconstruct Oscar Pistorius’ version of events. Read the rest of this entry »





How open will this newly opened justice be? – Lawrence McNamara,

14 06 2014

Royal Courts of JusticeAs the dust settles after Thursday’s Court of Appeal decision on whether a terrorism trial can be held in secret, there continue to be more questions than answers about what we know and what we will know. Read the rest of this entry »





Secret trials – a little transparency, a lot to worry about – Lawrence McNamara

12 06 2014

rcj-restricted-accessThe Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow. Read the rest of this entry »








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