Hearings and Judgment

Note the provisions of rule 39.2: 1

The general rule is that a hearing is to be in public.

2

The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.

3

A hearing, or any part of it, may be in private if – a

publicity would defeat the object of the hearing;

b

it involves matters relating to national security;

c

it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;

d

a private hearing is necessary to protect the interests of any child or patient;

e

it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing;

f

it involves uncontentious matters arising in the administration of trusts or in the administration of a deceased person's estate; or

g

the court considers this to be necessary, in the interests of justice.

4

The court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party or witness.