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Open Justice: A Critique of the Public Trial$
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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

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Secrecy and Commercial Litigation

Secrecy and Commercial Litigation

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

Joseph Jaconelli

Oxford University Press

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

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