Everything You Need To Know About Secrecy In The Family Courts – RightsInfo

‘One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved. Families going through divorces, child custody proceedings or cases involving child abuse have typically had their identities and the details of their cases protected. But over recent years there has been a rising perception that the family courts are secretive and unaccountable – sparking calls for increased transparency, and raising important questions for human rights.’

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Rightsinfo, 27th July 2016

Source: www.rightsinfo.org

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CA says huge solicitor-own client costs assessment can be held in private – Litigation Futures

Posted April 20th, 2016 in costs, news, private hearings, privilege, solicitors by sally

‘The Court of Appeal has upheld a decision to conduct a solicitor-own client assessment in private so as to protect legal professional privilege (LPP), even though the client had given a waiver to enable international law firm Dechert to defend its multi-million pound bills.’

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Litigation Futures, 20th April 2016

Source: www.litigationfutures.com

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Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor – Free Movement

‘Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal case. This was inevitably criticised by the press. In Immigration Law Practitioners Association, R (On the Application Of) v Tribunal Procedure Committee & Anor [2016] EWHC 218 (Admin), Mr Justice Blake in the High Court deals whether in appropriate circumstances information can be withheld from an appellant, or both an appellant and their representative, in immigration tribunals. Rule 13 of the 2014 Immigration Tribunal Procedure Rules purports to do just that; the Immigration Law Practitioner’s Association (ILPA) brought a challenge to its legality.’

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Free Movement, 29th February 2016

Source: www.freemovement.org.uk

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Big money divorce case secrecy row could trigger appeals, warns judge – Daily Telegraph

‘Disagreement between top judges over whether details of couples’ lives can be publicised “needs to be dealt with”, says Mr Justice Moor’

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Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

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More on media reporting of private court proceedings – Panopticon

‘The law on media reporting of private proceedings continues to develop with the decision of the Court of Appeal in Re W [2016] EWCA Civ 113. The decision arises out of the care proceedings that followed the death of 13-month old Poppi Worthington which attracted very high levels of public interest and media coverage.’

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Panopticon, 26th February 2016

Source: www.panopticonblog.com

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Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

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Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

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Press restrictions may continue after trial in the interests of national security – UK Human Rights Blog

Posted February 11th, 2016 in closed material, media, news, private hearings, reporting restrictions, terrorism by sally

‘Terrorism has brought many changes in the ways in which we go about our lives. Many of these are quite minor, irritating but generally sensible. The holding of trials where much of the evidence is kept secret is not minor, and in principle must be considered an outrage rather than an irritant. But there are clearly occasions when this has to happen, and it is a great challenge to those who on the one hand have responsibility for preventing terrorism and those on the other hand responsible for ensuring that justice has been done.’

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UK Human Rights Blog, 11th February 2016

Source: www.ukhumanrightsblog.com

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Jailed MI6 informant blocked from taking case to court of human rights – The Guardian

Posted December 17th, 2015 in appeals, human rights, intelligence services, murder, news, private hearings, trials by tracey

‘A Chinese dissident and MI6 informant convicted of murder after a secret trial has been prevented from taking his case to the European court of human rights.’

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The Guardian, 16th December 2015

Source: www.guardian.co.uk

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Court of Protection scheme to hold more cases in public – BBC News

Posted November 20th, 2015 in Court of Protection, media, news, pilot schemes, private hearings by tracey

‘Journalists and members of the public are to be given greater access to the Court of Protection, where issues affecting sick or vulnerable people are heard – under a new pilot scheme.’

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BBC News, 19th November 2015

Source: www.bbc.co.uk

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Man convicted of murder in secret trial seeks to take case to Strasbourg – The Guardian

Posted November 3rd, 2015 in appeals, courts, human rights, murder, news, private hearings, Supreme Court by sally

‘A Chinese dissident convicted of murder after a secret trial has appealed to Britain’s most senior judges to overturn a ban on him taking his case to the European court of human rights.’

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The Guardian, 2nd November 2015

Source: www.guardian.co.uk

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Lord chief justice: security services cannot be above the law – The Guardian

‘The accountability of MI5 and MI6 and the question of whether they are fully subject to the rule of law lie at the heart of attempts by the media to sweep away the secrecy surrounding a major terrorism trial, the lord chief justice said on Monday. In a series of remarks that disclosed publicly for the first time the role that the UK’s security and intelligence agencies played in imposing secrecy on the trial of Erol Incedal, a London law student, Lord Thomas of Cwmgiedd told the court of appeal that public confidence in the way they do their work was a key issue in the case.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

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Secret terror trial: two men jailed over bomb-making manual – The Guardian

Posted April 2nd, 2015 in explosives, news, private hearings, retrials, sentencing, terrorism by sally

‘One of the most secretive trials held in Britain since the second world war has ended with two men being jailed for possession of bomb-making manuals.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

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Erol Incedal trial evidence must remain secret, judge rules – The Guardian

Posted April 2nd, 2015 in evidence, media, news, private hearings, reporting restrictions, terrorism by sally

‘The bulk of the evidence in the UK’s first terror trial held mostly behind closed doors will remain secret forever, a judge has ruled.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

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Secret trial: Six unanswered questions – BBC News

‘An important principle in the British legal system is that “not only must justice be done, it must also be seen to be done”.’

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BBC News, 26th March 2015

Source: www.bbc.co.uk

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Secret trial clears man of plotting to kill Tony Blair – The Independent

‘A British law student has been cleared of targeting Tony Blair and his wife Cherie as part of a terrorist plot, following the UK’s first secret terror case.’

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The Independent, 26th March 2015

Source: www.independent.co.uk

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Radical overhaul of anonymity in approval hearings – Cloisters

Posted March 17th, 2015 in anonymity, media, news, personal injuries, private hearings by sally

‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’

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Cloisters, 18th February 2015

Source: www.cloisters.com

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Commons watchdog will publish names of MPs facing expenses investigation – Daily Telegraph

Posted December 16th, 2014 in disclosure, expenses, media, news, parliament, privacy, private hearings by tracey

‘IPSA will name MPs who face investigation into their expenses, but they will be able to have the hearings in private.’

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Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

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Lord chief justice attacks secret trials – BBC News

‘The lord chief justice of England and Wales has condemned an attempt to hold a completely secret trial, saying it should never happen again.’

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BBC News, 12th November 2014

Source: www.bbc.co.uk

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Judge calls for more openness in controversial secret court – Daily Telegraph

‘District Judge Anselm Eldergill says Court of Protection should normally be open to the Press, in moves first mooted almost a year ago by another senior judge.’

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Daily Telegraph, 17th October 2014

Source: www.telegraph.co.uk

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‘Secret’ terror trial begins at Old Bailey – BBC News

Posted October 14th, 2014 in closed material, news, private hearings, reporting restrictions, terrorism, trials by sally

‘A jury has been sworn in at the Old Bailey for a terror trial that will be partially held in secret.’

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BBC News, 13th October 2014

Source: www.bbc.co.uk

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