header-logo header-logo

03 January 2019 / Alec Samuels
Issue: 7822 / Categories: Features , Procedure & practice
printer mail-detail

Conflicting rights: a stand-off?

​Alec Samuels reports on secrecy, privacy, confidentiality & anonymity in the courtroom

  • The general rule is that a hearing is to be in public.
  • The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.

Publicity is important, but justice even more so. In contemporary times many situations raise conflicts between the human rights of a fair and public hearing (Art 6), the right to privacy and family life (Art 8) and the right of free speech (Art 10).

The leading cases are:

  • Scott v Scott [1913] AC 417, 437–438, [1911-13] All ER Rep 1.
  • R(C) v Secretary of State for Justice [2016] UKSC 2, [2016] 1 WLR 444, paras [14]–[20] and [36], [2017] 1 All ER 513.
  • A v BBC [2014] UKSC 25, [2015] AC 588 [2014] 2 All ER 827.
  • V v T [2014] EWHC 3432 (Ch), [2014] All ER (D) 293 (Oct).
  • Eurasian Natural Resources Corporation Ltd v Dechert LLP [2016] EWCA Civ 375, [2016] 1 WLR 5027, paras [38]–[40], [2016] All ER (D) 19 (May).
  • X
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll