Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Lord Neuberger (President of the UK Supreme Court) and Lady Hale (Deputy President of the UKSC) have spoken of the fundamental need for and importance of openness, transparency and access to justice in a free and open society.
In doing so, they have also voiced some concern that, without the ability to enforce legal rights, those legal rights become valueless.
Issues considered by Lord Neuberger and Lady Hale on 2 October 2013 included closed sessions (or closed material procedures), anonymity in the Family Court and Court of Protection (COP), cuts to civil legal aid and proposed reforms to judicial review.
Lord Neuberger spoke of the conflicting principles of open justice and ensuring relevant material is placed before the court and parties are not prevented from producing evidence because they cannot do so in open court.
His feeling was the courts should try to minimise the extent to which it is necessary to go into closed sessions and, where they can’t be avoided, to seek to mitigate the consequences and injustices of doing so. Lady Hale added there is a responsibility on the lawyers, and particularly on the lawyer requesting the closed sessions or closed material procedures, to consider what this will add and whether the benefits will outweigh the disadvantages.
There was also a recognition that certain cases, for example those involving families or very vulnerable individuals, might need some degree of anonymity and secrecy. This was particularly where, without these sensitivities, such parties might be prevented from seeking justice where they do not wish to take their private matters to a public court.
Lord Neuberger voiced his fear that, without legal advice or representation, parties might choose to forego their legal rights, thus rendering those legal rights valueless.
Alternatively they could seek to enforce them as a litigant in person thereby adversely affecting themselves and potentially all court users (who would find their cases slowed down in a clogged up system).
Whilst appreciating there may be abuses of the current system which need to be cut down, Lord Neuberger’s view was that any limitation of rights to complain about infringements of the state etc have to be looked at with great care and be justified.
Free trials are only available to individuals based in the UK
* denotes a required field
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial. See our full terms here.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.
Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.
In practice, Virginia acted in a variety of general commercial disputes covering areas including intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.
Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.
0330 161 1234