Policy on Dissemination of Judgments

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Dear Judicial Office for England and Wales,

Could you please send me a copy of the policies and procedures which determine which judgements are:

i/ published, or not published, at https://www.judiciary.gov.uk/judgments/

ii/ provided to the British and Irish Legal Information Institute http://www.bailii.org/

Regards,

--

Richard Taylor
Cambridge
http://www.rtaylor.co.uk

Civil & Family Business Support,

5 Attachments

Good afternoon,

 

Please see attached the reply to your recent Freedom of Information
request.

 

Thanks

 

Civil Jurisdictional & Operational Support

Court and Tribunals Development Directorate | HMCTS | 

 

 

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Richard Taylor left an annotation ()

There is transparency guidance for the Court of Protection which states:

"16 Permission to publish a judgment should always be given whenever the judge concludes that publication would be in the public interest and whether or not a request has been made by a party or the media.

17 Where a judgment relates to matters set out in the Schedule below and a written judgment already exists in a publishable form or the judge has already ordered that the judgment be transcribed, the starting point is that permission should be given for the judgment to be published unless there are compelling reasons why the judgment should not be published.

SCHEDULE Judgments arising from:
(i)any application for an order involving the giving or withholding of serious medical treatment and any other hearing held in public;
(ii)any application for a declaration or order involving a deprivation or possible deprivation of liberty;
(iii)any case where there is a dispute as to who should act as an attorney or a deputy;
(iv)any case where the issues include whether a person should be restrained from acting as an attorney or a deputy or that an appointment should be revoked or his or her powers should be reduced;
(v)any application for an order that an incapacitated adult (P) be moved into or out of a residential establishment or other institution;
(vi)any case where the sale of P’s home is in issue (vii)any case where a property and affairs application relates to assets (including P’s home) of £1 million or more or to damages awarded by a court sitting in public;
(viii)any application for a declaration as to capacity to marry or to consent to sexual relations;
(ix)any application for an order involving a restraint on publication of information relating to the proceedings.

18 In all other cases, the starting point is that permission may be given for the judgment to be published whenever a party or an accredited member of the media applies for an order permitting publication, and the judge concludes that permission for the judgment to be published should be given. Where a judgment to which paragraph 16 or 17 applies is approved for publication, it shall as soon as reasonably practicable be placed by the court on the BAILII website. Where a judgment to which paragraph 18 applies is approved for publication, the judge shall consider whether it should be placed on the BAILII website and, if so, it shall as soon as reasonably practicable be placed by the court on the BAILII website.

https://www.judiciary.uk/wp-content/uplo...

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