CPRC backs rule changes to ensure courts sit in public – Litigation Futures

Posted February 15th, 2018 in civil justice, civil procedure rules, news, private hearings by sally

‘The Civil Procedure Rules Committee (CPRC) has backed rule changes to ensure that courts sit in public “irrespective of the parties’ consent” unless certain strict conditions are met.’

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Litigation Futures, 13th February 2018

Source: www.litigationfutures.com

The open justice principle: a child’s crimes and a parent’s misdemeanour – Transparency Project

‘What legal principles connect publicity for the 17 year-old Charlie Pearce (born 3 July 2000), a double rapist and attempt murderer (R v Pearce (Press Restrictions) Haddon-Cave J (7 December 2017)) and privacy for a stalking mother who, with her cohabitant (‘Mr JM’) tried to disrupt her 10 year-old daughter T’s foster placement (Re T (A Child) [2017] EWCA Civ 1889 (23 November 2017)).’

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Transparency Project, 31st January 2018

Source: www.transparencyproject.org.uk

An end to private hearing deals and unilateral emails to court: CPRC to strengthen open justice – Litigation Futures

Posted November 7th, 2017 in civil justice, civil procedure rules, consultations, news, private hearings by tracey

‘A default position that all court hearings should be conducted in public, and parties and witnesses named, is under consideration by the Civil Procedure Rule Committee (CPRC) as part of a push to emphasise the importance of open justice, it has emerged.’

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Litigation Futures, 7th November 2017

Source: www.litigationfutures.com

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

Law Pod UK Ep. 13: Tackling radicalisation through the civil courts – 1 COR

Posted October 27th, 2017 in civil justice, news, private hearings, terrorism by sally

‘Martin Downs and Shaheen Rahman QC talk about their experiences of tackling radicalisation in the civil courts, and the use of closed hearings. Recorded at the 2017 Public Law event at King’s College London.’

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Law Pod UK, 26th October 2017

Source: audioboom.com

Aarhus costs cap challenge succeeds – UK Human Rights Blog

‘RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice [2017] EWHC 2309 (Admin), 15 September 2017, Dove J. In my March 2017 post here, I explained that amendments to the costs rules for public law environmental claims threatened to undo much of the certainty that those rules had achieved since 2013. Between 2013 and February 2017, if you, an individual, had an environmental judicial review, then you could pretty much guarantee that your liability to the other side’s costs would be capped at £5,000 (£10,000 for companies) if you lost, and your recovery of your own costs would be limited to £35,000 if you won. In this way, the rules sought to avoid the cost of such claims becoming prohibitively expensive and thus in breach of Art.9(4) of the Aarhus Convention.’

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UK Human Rights Blog, 16th September 2017

Source: ukhumanrightsblog.com

Police watchdog to hold misconduct hearing in secret over man’s death – The Guardian

‘A disciplinary hearing of six police officers who have been accused of gross misconduct over the death of a 23-year-old man who died after a prolonged period of restraint seven years ago will begin in secret on Monday.’

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The Guardian, 11th september 2017

Source: www.theguardian.com

Foreign Office wants rendition case against Jack Straw to be held in private – The Guardian

‘The Foreign Office is asking the high court to sit in secret when former foreign secretary Jack Straw faces a damages claim over his alleged role in the abduction and torture of a Libyan dissident and his pregnant wife.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Child locked locked in bedroom by grandparents is taken into care – Daily Telegraph

‘A child was taken away from her grandparents and put into foster care after they locked her in her room overnight.’

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Daily Telegraph, 2nd April 2017

Source: www.telegraph.co.uk

Don’t use dyslexia as an excuse, judge tells ‘bully’ businessman in divorce case as he says ‘even Albert Einstein had dyslexia’ – Daily Telegraph

Posted February 22nd, 2017 in autism, divorce, dyslexia, family courts, judges, news, private hearings by sally

‘A businessman embroiled in a bitter divorce case with his estranged wife has been criticised by a judge for using his dyslexia as an excuse, telling him “even Einstein had dyslexia”.’

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Daily Telegraph, 21st February 2017

Source: www.telegraph.co.uk

Mother who let her two boys sleep in her bed has them taken away by judge – Daily Telegraph

Posted February 13th, 2017 in adoption, children, family courts, news, private hearings, social services by sally

‘A mother who allowed her two children to sleep in her bed has had them taken away from her by a family court judge after social workers raised concerns.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

SFO asks for private hearing in unfair dismissal claim by ex-Barclays banker – The Guardian

Posted November 21st, 2016 in banking, employment, fraud, news, private hearings, unfair dismissal by sally

‘The Serious Fraud Office will on Monday ask a London employment tribunal to hear an unfair dismissal claim by a former senior banker at Barclays in private.’

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The Guardian, 20th November 2016

Source: www.guardian.co.uk

Defending public interest lawyers – Halsbury’s Law Exchange

‘After months of rumours that staff were leaving the firm and that its founder Phil Shiner was buckling under of the pressure, Public Interest Lawyers (PIL) has announced its closure.’

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Halsbury’s Law Exchange, 30th August 2016

Source: www.halsburyslawexchange.co.uk

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

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

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

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

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

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

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