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Open or Closed

15 January 2009
Issue: 7352 / Categories: Case law , Judicial line , In Court
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Can you please tell me whether district judges exercising insolvency jurisdiction...

Can you please tell me whether district judges exercising insolvency jurisdiction and bankruptcy registrars sit in chambers or in open court? They do not seem to be able to make up their minds about this.

Whatever the court or room in which the judge sits, they can be expected to operate on the presumption that the hearing is open to the public, subject to any application for the hearing to be conducted in private (Civil Procedure Rules 1998 r 39.2). When they do sit in private (as they will, for example, when making orders in the course of boxwork dealt with in the absence of the parties) their orders will usually describe them in the modern way as sitting “in private” although “in chambers” is also still used. The High Court cause list does not expressly refer to public or private hearings but to whether the judge will be robed or unrobed which should be of use to legal representatives who have any doubts as

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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