By Daniel Clark, 31st July 2025 In a speech at the start of June 2025, the Chair of the Transparency and Open Justice Board, Mr Justice Nicklin, remarked that, “we must also recognise that open justice is not self-executing. The principles of open justice must be upheld, on occasions nurtured, and — critically — seenContinue reading “Open justice isn’t self-executing and here’s the proof: A case that never appeared on the public list and backtracking on a Transparency Order”
Tag Archives: Transparency Order
A day in the life of a court observer: The high cost of open justice
By Celia Kitzinger, 29th July 2025 The aim of this blog is to promote a more realistic understanding, both for would-be observers and for court staff, lawyers and judges, of what it takes to observe (remote) court hearings. I want to make visible how much time and energy it takes – not only for meContinue reading “A day in the life of a court observer: The high cost of open justice”
Draconian reporting restrictions (now lifted) in a contempt of court case: Severing continuity between judgments
By Amanda Hill and Claire Martin (with acknowledgment of significant input and support from Celia Kitzinger) Update 26 May 2025: The application to vary the reporting restrictions was successful and a judgment, [2025] EWCOP 16 (T3), was published on the National Archives Friday 23 May 2025. We will blog about the hearing to vary theContinue reading “Draconian reporting restrictions (now lifted) in a contempt of court case: Severing continuity between judgments”
“Bureaucracy blots out the sun”: Telling Ella Lung’s story
Ella Lung, suffering from dementia, was deprived of her freedom in a care home for over two years. Her son, Richard, documented her distress and their experiences through fourteen journals. Despite bureaucratic delays and emotional turmoil, they spent precious time together before Ella’s death, raising awareness about the emotional costs of such state interventions.
Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence?
by Daniel Clark, 28th June 2024 I try not to see conspiracy behind the multiple transparency failures of the Court of Protection. The judicial system is busy and overstretched, and mistakes are (unfortunately) inevitable: links won’t be sent in time, listings won’t be always accurate, video links won’t always be set up. However, I mustContinue reading “Prohibitive Transparency Orders: Honest mistakes or weaponised incompetence? “
“Getting it right first time around”: How members of the public contribute to the judicial “learning experience” about transparency orders
By Celia Kitzinger, 7th June 2024 We operate a “Watch List” at the Open Justice Court of Protection Project. We do this because the Court of Protection doesn’t always get things right first time around. Sometimes we find repeated problems with how particular judges’ hearings are listed (e.g. they don’t have descriptors to tell us what they’reContinue reading ““Getting it right first time around”: How members of the public contribute to the judicial “learning experience” about transparency orders”
My experience at Weymouth Combined Court: listing, access, and transparency
By Peter C Bell, 30th May 2024 It was one of those days where I had not really intended to do any Court watching. I was back in Weymouth to help the family to support my elderly father after the recent loss of both his wife (my mother) and then his elder sister and casuallyContinue reading “My experience at Weymouth Combined Court: listing, access, and transparency”
Challenging a Transparency Order prohibiting identification of the Public Guardian as a party
By Celia Kitzinger, 24th May 2024 UPDATE: There was a hearing about this matter on 30th May 2024 at which the prohibition on identifying the Office of the Public Guardian as a party in the case was lifted. It was, said the judge, a “mistake” to have included this prohibition in the Transparency Order. ForContinue reading “Challenging a Transparency Order prohibiting identification of the Public Guardian as a party”
Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently
Celia Kitzinger, 16 May 2024 There are more than 500 centenarians in Devon, and she’s one of them. Until September 2023, she lived at home with her daughter. Now she’s deprived of her liberty in a care home, where she’s been for around six months, following discharge from hospital after a fall. She wants toContinue reading “Centenarian challenges deprivation of liberty – and judge manages transparency failings efficiently”
Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order
By Daniel Clark, 2nd May 2024 Mrs B has a diagnosis of dementia and has lived in a care home for over a year. She does not want to live in a care home; she wants to return home and can see no reason why she can’t. However, her home has been sold and sheContinue reading “Final considerations for a s21a challenge: Questions about truth-telling to someone with dementia and, yet again, issues with the Transparency Order”
Promoting Open Justice in the Court of Protection 