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21 November 2025 / Ian Gascoigne
Issue: 8140 / Categories: Features , Privacy , Dispute resolution
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A hierarchy of privacy?

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As the courts juggle the principles of open justice & confidentiality, a piecemeal approach to privacy has emerged: Ian Gascoigne asks whether a simpler, more predictable system is overdue
  • This article explores how English civil courts increasingly navigate between the principles of open justice and the need to protect privacy, secrecy, or confidentiality—especially in national security and commercial contexts.
  • It identifies five informal categories of privacy in court proceedings, ranging from fully public hearings to entirely secret ones, illustrating how the system has evolved piecemeal rather than by design.

‘Publicity is the very soul of justice’. So said Lord Shaw of Dunfermline in the House of Lords, citing Jeremy Bentham, more than 110 years ago in Scott v Scott [1913] AC 417.

In July this year, a court’s judgment was published in which a ‘super injunction’ obtained by the government acting through the Ministry of Defence on 1 September 2023 was set aside (Ministry of Defence v Global Media and Entertainment Ltd [2025] EWHC 1806 (Admin)). One of the remarkable things about it was that both the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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