Anonymising Proceedings: Some Suggested Principles – Hugh Tomlinson QC

23 11 2010

It is clear from the recent case law that the courts must be vigilant when anonymity orders are sought by either party and especially vigilant when both parties agree on anonymity.  The Court will usually require evidence to support an application for anonymity and will need to carry out a careful balancing between the rights of the parties and the right of the public to open justice.  It is likely that, in the future, such orders will be much more difficult to obtain. On the basis of these cases it is now possible to suggest some principles which apply when a court is considering whether or not to make an “anonymity order”. Read the rest of this entry »