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Recent case. Restricted reporting orders in the employment tribunal - the fine art of balancing open justice and inappropriate reporting

Recent case. Restricted reporting orders in the employment tribunal - the fine art of balancing... Restricted Reporting Orders in the Employment Tribunal--The Fine Art of Balancing Open Justice and Inappropriate Reporting 1. INTRODUCTION A. `Publicity is the Very Soul of Justice'1 While restricted reporting orders are a relatively new phenomena for the employment tribunal,2 they replicate concepts found in other arenas of the judicial system. Indeed, there is an already existing and developed body of law relating to the use of a whole range of restrictions which either generally or specifically are aimed at limiting what the press can say about a particular set of proceedings or the judicial system generally.3 These provisions vary from complete and lifelong prohibitions on naming individuals4 through to temporary restrictions on reporting matters until after trials or other judicial proceedings are complete.5 In some instances they operate not by banning or restricting reporting but by allowing a case to be heard in private,6 thereby denying the public (and the press) access to the trial or the hearing. The starting point for analysis lies in the fundamental constitutional principle that justice and judicial processes should be open to enable proper public scrutiny and to ensure thereby that justice is not just done but is seen to be done. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Industrial Law Journal Oxford University Press

Recent case. Restricted reporting orders in the employment tribunal - the fine art of balancing open justice and inappropriate reporting

Phillips, G; Bowers, J
Industrial Law Journal , Volume 28 (1) – Mar 1, 1999
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Publisher
Oxford University Press
Copyright
Copyright 1999
ISSN
0305-9332
eISSN
1464-3669
DOI
10.1093/ilj/28.1.85
Publisher site
See Article on Publisher Site

Abstract

Restricted Reporting Orders in the Employment Tribunal--The Fine Art of Balancing Open Justice and Inappropriate Reporting 1. INTRODUCTION A. `Publicity is the Very Soul of Justice'1 While restricted reporting orders are a relatively new phenomena for the employment tribunal,2 they replicate concepts found in other arenas of the judicial system. Indeed, there is an already existing and developed body of law relating to the use of a whole range of restrictions which either generally or specifically are aimed at limiting what the press can say about a particular set of proceedings or the judicial system generally.3 These provisions vary from complete and lifelong prohibitions on naming individuals4 through to temporary restrictions on reporting matters until after trials or other judicial proceedings are complete.5 In some instances they operate not by banning or restricting reporting but by allowing a case to be heard in private,6 thereby denying the public (and the press) access to the trial or the hearing. The starting point for analysis lies in the fundamental constitutional principle that justice and judicial processes should be open to enable proper public scrutiny and to ensure thereby that justice is not just done but is seen to be done.

Journal

Industrial Law Journal – Oxford University Press

Published: Mar 1, 1999

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