I recently asked a couple of questions about reporting anonymised privacy injunctions, following a piece by Gideon Benaim in the Guardian. Benaim, a partner at Michael Simkins LLP, has responded with a full blog post response, which is published on Inforrm here. He argues:
It isn’t necessary to publish information about specific cases contemporaneously, nor to publish to the world at large at any time the “not so basic” details of a specific case, in the way that the courts have started to do. The Practice Direction can be amended to oblige practitioners to provide the required basic information to a central office in the High Court. Transparency is possible through statistics without needing to draw attention to individuals at the time they obtain the injunction.
I’ve left a comment below the piece, asking whether the open justice principle in fact requires the publication of basic detail about contemporaneous privacy judgments, which mimics a question put by Edward Thompson in the Journal of Media Law last December, in relation to cameras in court. I am not attempting to provide an answer at this stage, but am interested in hearing what other people think.