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03 March 2017 / Dr Jon Robins
Issue: 7736 / Categories: Features , Profession
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Out in the open

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As the Open Justice Charter is launched in the UK, can we learn from our legal colleagues in the US, asks Jon Robins

At the end of last month the American lawyers who defended Steven Avery and featured in the groundbreaking documentary Making a Murderer lent their support to a new campaign calling for greater transparency and accountability in our justice system.

Cameras in courts

The ban on cameras in courts on this side of the Atlantic means a UK version of the Netflix hit is nigh on impossible. Over three of its 10 hours comprised trial footage. “That is more time than Dr Zhivago spent on the entire Russian Revolution,” according to Dean Strang who, along with Jerome Buting, acted for Avery and his nephew Brendan Dassey.

The two lawyers argue that the presence of cameras in courts provides a powerful check on the justice system. “A judge who perceives that the public is watching wants to be on best behaviour,” Strang told MPs, lawyers, journalists and campaigners at a meeting

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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