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NLJ this week: Limiting the application of the open justice principle

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19 September 2025
Issue: 8131 / Categories: Legal News , Human rights , Public , Health & safety , Media
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An MP charged with sexual assault successfully applied to withhold his home address from open court in R v Spencer [2025] Lexis Citation 2032. Writing in NLJ this week, Neil Parpworth of Leicester De Montfort Law School examines the ruling and its implications for the open justice principle

The chief magistrate used common law powers and a s 11 Contempt of Court Act order, citing risks to the MP’s family and the principle of open justice. HHJ Baumgartner upheld the order, noting that the MP’s identity was already well-known and that publishing his address could undermine police security measures. The judge clarified that such orders are not for the defendant’s comfort but must be justified by exceptional circumstances.

While the court found no immediate risk under Art 2 ECHR, it acknowledged the heightened threats MPs face. The case signals a shift in balancing transparency with personal safety, especially for public figures.

Issue: 8131 / Categories: Legal News , Human rights , Public , Health & safety , Media
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