Rhys Hadden reviews the recent case: R (on the application of C) v Secretary of State for Justice [2016] UKSC 2 – Feb 2016


Publicity is the very soul of justice. It is the keenest spur to exertion, and the surest of all guards against improbity. It keeps the judge himself, while trying, under trial. In the darkness of secrecy, sinister interest and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks, applicable to judicial injustice, operate. Where there is no publicity there is no justice.” Jeremy Bentham

In keeping with the sentiment eloquently expressed by Jeremy Bentham, the principle of open justice exists to reassure the public and the parties that the courts are doing justice according to the law. So, in what circumstances is it right to keep the names of parties to civil proceedings a secret?

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