Chapter

Secrecy and Commercial Litigation

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print July 2002 | ISBN: 9780198252580
Published online March 2012 | e-ISBN: 9780191681387 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252580.003.0006
Secrecy and Commercial Litigation

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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

Chapter.  11556 words. 

Subjects: Criminal Law

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