(ii) It is possible in principle to allow departures from the basic
rule of open justice, but a clear case of necessity has to be made out.
If implemented the plans would constitute a «radical departure from long - standing
traditions of open justice», MPs and peers found.
It was consistent with the
principle of open justice and there was a legitimate public interest in the outcome of this extraordinary case.
To ease the process, here Lawyer Monthly hears from Francine Ryan, lecturer in law and member
of the Open Justice team at the Open University, who gives her top tips on managing the exam preparation.
The Master of the Rolls, Lord Neuberger, examines the way in which open justice is said to underpin the rule of law and our liberal democracy, and Dr David Goldberglooks to Sweden and Scotland for historical and comparative
examples of open justice.
In the first section on the tradition and
context of open justice, Geoffrey Robertson QC, the keynote speaker at the event, sets out the history of the principle and argues that the government's Justice and Security recommendations are simply not compatible.
Central to the court's evaluation will be the
purpose of the open justice principle, the potential value of the information in advancing that purpose, and any risk of harm that its disclosure may cause to the maintenance of an effective judicial process or to the legitimate interests of others [41].
For one thing, that Vallance case looks to be about the conflicting
values of open justice and personal privacy, not copyright.
Below Francine Ryan, lecturer in law and
member of the Open Justice team at the Open University, discusses several options for hiring legal aid, how lawyers generally operate, and what avenues of support are...
Here Emma Jones, lecturer in law and member
of the Open Justice team at the Open University, delves into the kinds of soft skills inherently required to success as a lawyer.
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.
Even if the parties agree to anonymity the judge must still satisfy himself that the facts are sufficiently strong to outweigh the cardinal
rule of open justice, and the advocates will need to make the case.
Opponents say the plans tread on hallowed British legal
traditions of open justice and make a mockery of coalition claims to defend civil liberties.
He said that the security services, like MI5 and MI6, «can not be allowed to ride roughshod over the principles
of open justice».
He says he can not back the changes in their current form, adding that the security services» concerns «can not be allowed to ride roughshod over the principles
of open justice».
Here Emma Jones, lecturer in law and member
of the Open Justice team at the Open University talks Lawyer Monthly through how it could affect you.
Below Francine Ryan, lecturer in law and member
of the Open Justice...
To ease the process, here Lawyer Monthly hears from Francine Ryan, lecturer in law and member
of the Open Justice team at the Open...
Below Emma Jones, lecturer in law and member
of the Open Justice team at the Open University, shares her thoughts on the key differences between studying the law, to applying it in an...
Below Emma Jones, lecturer in law and member
of the Open Justice team at the Open University, offers invaluable tips on pinpointing the right options for you.
Here, Emma Jones, lecturer in law and member
of the Open Justice team at the Open University, offers expert insight for Lawyer Monthly.
Below Francine Ryan, lecturer in law and member
of the Open Justice team at the Open University, discusses several options for hiring legal aid, how lawyers generally operate, and what avenues of support are available to the public.
(v) The more of these expedients the court might consider adopting, the stronger the case must be for invading the principle
of open justice.
With National Pro Bono Week taking place as of yesterday, Francine Ryan, lecturer in law and member
of the Open Justice team at the Open University, talks to Lawyer Monthly about Pro Bono work, getting involved, and the values behind Pro Bono legal work.
Only «clear and cogent evidence» that it was strictly necessary to keep an offender's identity confidential would lead a court to derogate from the principle
of open justice.
Here Emma Jones, lecturer in law and member
of the Open Justice team at the Open University talks Lawyer Monthly through the concepts behind pro bono legal work and the impact...
Below Emma Jones, lecturer in law and member
of the Open Justice team at the Open University, shares her thoughts on the key differences between studying the law, to applying it in an actual legal role.
Here Emma Jones, lecturer in law and member
of the Open Justice team at the Open University talks Lawyer Monthly through the concepts behind pro bono legal work and the impact it can have on one's career progression.
(e) The more of those expedients the court might consider adopting, the stronger the case had to be for invading the principle
of open justice.
Do the government's proposals on justice & security challenge the principle
of open justice, asks Tim Suter
An opinion piece for the Times on the need to protect confidential communications between lawyer and client (Legal Professional Privilege), and why that can sometimes trump the principle
of open justice.
Lord Reed explained the importance of the general constitutional principle
of open justice.
The courts have an inherent jurisdiction to determine how the principle
of open justice should be applied [27]- [37] and can permit the identity of a party or witness to be withheld from public disclosure where necessary in the interests of justice [38 - 41].
The principle
of open justice is protected and qualified by the ECHR as it is in domestic law [42]- [54].
(Judicial review; whether anonymisation of names of complainants a breach of the principle
of open justice; whether complainant waives Article 8 rights by complaining to regulator)
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.