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19 September 2018
Issue: 7809 / Categories: Legal News
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Open justice upheld by High Court

A litigant whose application to make an anonymous statement in open court was refused cannot then claim anonymity for the application itself, the High Court has held.

Ruling in SWS v Department for Work and Pensions [2018] EWHC 2282 (QB), Mr Justice Warby held that there was no more than a ‘speculative possibility’ that the litigant’s identification might cause him embarrassment and damage to reputation, which was ‘not enough to justify anonymity’. The anonymous statement in open court was requested as part of a settlement between the man and the department after details of his health were revealed to his employer.

However, Warby J said: ‘Open justice is always the starting point; derogations can only be justified to the extent that they are necessary; and… the burden of adducing evidence and/or reasons to justify a derogation from open justice always falls on the applicant for such an order.’

Issue: 7809 / Categories: Legal News
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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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