The Transparency and Open Justice Board has published an update on its work, setting out the practical steps being taken to expand public access to court proceedings and documents as it marks the two-year anniversary of its establishment.

As the Lady Chief Justice explained at the time, the Board was established to “examine and modernise our approach to open justice, not least to ensure that we take proper account of wider societal changes as well as those being effected by the courts”.

Last year, the Board published its ‘Key Objectives’, centred around the principles of open justice, open reporting, open decisions, and open documents.

In particular, it set out in practical terms how courts were expected to meet these aims, including: (1) what information should be made available to the public about a case (including any reporting restrictions, and the process for challenging them); (2) what documents should be made available to the public; (3) how effective access to hearings held in public can be achieved; and (4) how the principles of open justice can be promoted in respect of proceedings that are closed to the public.

The update from its Chair, Mr Justice Nicklin, confirms that the Board has moved to the next stage of its work, assessing – through ‘Change Impact Assessments’ – how far current practices within courts and tribunals conform to the Board’s principles, and working with them to identify “early opportunities for improvement and longer-term priorities”.

The Board also highlights the progress being made on its various existing initiatives, including:

• The extension of the Access to Core Documents pilot in the Court of Appeal for a further 12 months with “a new presumption that documents should be published unless a party objects, subject always to judicial control”;
• A pilot in the Commercial Court, London Circuit Commercial Court and the Financial List requiring parties to re-file key documents on the digital case management system, CE-File, to support public access;
• Plans to extend broadcasting of hearings in the Administrative Court, allowing third-party broadcasters to apply for permission to film proceedings, subject to judicial approval; and
• The launch of regional ‘Open Justice Champions’ to provide practical support to the media and public on matters such as access to hearings.

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