He confirmed the strong starting point that financial remedy proceedings are generally conducted in private, but that there is a fundamental constitutional principle of open justice in the Family Court's and the need to have regard to freedom of expression. (newlawjournal.co.uk)
As the Court of Appeal said in para 1 of the judgment, these procedures, developed as part of the fight against terrorism, represent «exceptions to the fundamental principle of open justice.» (ukhumanrightsblog.com)
In the other, it ruled that such a «closed procedure» was such an insult to «fundamental» common law principles of open justice and fairness that no court, however lofty, would have the jurisdiction to order it without statutory authority. (ukhumanrightsblog.com)