Case law: Coward v Harraden – the value of open justice – Gervase de Wilde

13 12 2011

Open justice was one of the issues at the heart of the debate over so called “super injunctions” in 2011. From senior members of the judiciary to tabloid commentators, the subject has attracted attention and opinion from all sides. Its importance, and the potential for litigants to use the principle for their own ends, were considered in a judgment on the costs arising from an interim application given by Tugendhat J on 2 December 2011 (Coward v Harraden [2011] EWHC 3092 (QB)). The decision followed a hearing on costs arising from an Application Notice issued on May 16 2011 seeking an order to make public the contents of two earlier judgments by Sharp J. These concerned the granting of a Norwich Pharmacal order sought by the Claimant against the Defendant during two private hearings. Read the rest of this entry »