In recent weeks, the House of Commons select committee on justice has been assured by members of the government, judiciary and court service that open justice continues, despite changes to the nature of physical hearings, and increased use of technology for many types of hearings. Continue reading
The International Forum for Responsible Media Blog
Tag: Open Justice (Page 1 of 4)
The last few years have seen a gradual process of opening up the Family Courts to greater public scrutiny, partly to comply better with the principle of open justice (that “justice must not only be done, but must be seen to be done”) and partly to dispel the notion that justice administered in private hearings must have something to hide and cannot be fully accountable. Continue reading
The decision of the Court of Appeal in Incedal ([2016] EWCA Crim 11) is profoundly important for open justice and the public understanding of the security threats faced by our communities and for the accountability of those tasked with combatting security threats. Continue reading
In the case of Ewing v Crown Court sitting at Cardiff and Newport ([2016] EWHC 183 (Admin)) the Divisional Court confirmed an important feature of the open justice principle: that permission is not needed in order to take notes in Court. Although the Court may, for good reason, withdraw the liberty to take notes, the default position is that anyone who attends a public hearing is free to take notes. Continue reading
The Court of Appeal today dismissed an appeal brought by a number of media organisations against continuing restrictions on reporting the trial of Erol Incedal. In a judgment given by Lord Thomas CJ, Guardian News And Media Ltd & Ors v R. & Incedal ([2016] EWCA Crim 11), the Court upheld reporting restrictions which had covered parts of the trial which were held in private. Continue reading
The 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. Continue reading
In 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. Continue reading
Justice 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. Continue reading
The 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. Continue reading
In 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. Continue reading
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