Jump to ContentJump to Main Navigation
Open Justice: A Critique of the Public Trial$
Users without a subscription are not able to see the full content.

Joseph Jaconelli

Print publication date: 2002

Print ISBN-13: 9780198252580

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198252580.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 17 November 2017

Secrecy and Commercial Litigation

Secrecy and Commercial Litigation

Chapter:
(p.215) 6 Secrecy and Commercial Litigation
Source:
Open Justice: A Critique of the Public Trial
Author(s):

Joseph Jaconelli

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198252580.003.0006

The issue of open justice in the commercial environment does not provoke the passionate debate that is encountered in other areas of law. The question of secrecy and the judicial process is, nevertheless, of considerable significance in this field of legal practice. Some of the issues raised in this chapter reflect themes of general importance in this work, whereas other matters are exclusively relevant to the business environment. As a general principle courts dealing with commercial disputes are required to sit in public, as reflected in Rule 39.2 of the Civil Procedure Rules 1998. However, many commercial courts are classified as specialized courts for the purposes of Part 49 of the Civil Procedure Rules with the consequence that matters of procedure are often dealt with in discrete Practice Directions. The basic rule, therefore, is that the Civil Procedure Rules apply unless excluded by specific provision in the relevant Practice Direction.

Keywords:   open justice, commercial environment, judicial process, commercial disputes, Civil Procedure Rules, Practice Direction

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .