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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

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
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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
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