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NLJ this week: Limiting the application of the open justice principle

19 September 2025
Issue: 8131 / Categories: Legal News , Human rights , Public , Health & safety , Media
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An MP charged with sexual assault successfully applied to withhold his home address from open court in R v Spencer [2025] Lexis Citation 2032. Writing in NLJ this week, Neil Parpworth of Leicester De Montfort Law School examines the ruling and its implications for the open justice principle

The chief magistrate used common law powers and a s 11 Contempt of Court Act order, citing risks to the MP’s family and the principle of open justice. HHJ Baumgartner upheld the order, noting that the MP’s identity was already well-known and that publishing his address could undermine police security measures. The judge clarified that such orders are not for the defendant’s comfort but must be justified by exceptional circumstances.

While the court found no immediate risk under Art 2 ECHR, it acknowledged the heightened threats MPs face. The case signals a shift in balancing transparency with personal safety, especially for public figures.

MOVERS & SHAKERS

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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