Taking part in Trinity Chambers' Newcastle 2023 Employment Law Conference, Employment and Discrimination barrister, Helen Hogben delivered a session entitled:
‘Open Justice, National Security & Rule 94 Applications’
The open justice principle extends beyond simply holding a hearing in public. It includes the right of members of the public to inspect witness statements and the bundle and to hear and see witnesses during hearings conducted electronically.
Rule 94 applications represent a significant challenge to both advocates and the Employment Tribunal in balancing the principle of open justice against the particular national security interests that are engaged.
Rule 94 applications therefore require a careful and collaborative approach in order to enable claims to be tried fairly, whilst keeping as much material as possible in the ‘open’ and taking proportionate steps to safeguard national security interests.
Helen’s talk provides a detailed analysis of the law on open justice, covering the following topics:
- Open justice principle
- Circumstances justifying a departure from the principle
- Applications under Rule 94
- Case law update
There is a handout that accompanies the session. If you do not have a copy and would like one, please email josh@trinitychambers.co.uk.
This recorded seminar, its accompanying notes and slides are made available for educational and information purposes only. The views expressed in it are those of the speakers. The contents do not constitute legal advice and should not be relied on as such. The speakers and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.
Trinity Chambers' Employment Team is regularly recognised in the leading legal directories:
"Trinity Chambers has an impressive employment law practice with particular strength in handling TUPE, unfair dismissal and discrimination matters. Other areas of expertise include equal pay and worker status law. The set has a broad client base among both claimants and respondents." "The clerking at Trinity is excellent. Clerks always respond promptly to emails and provide good cover for each other when necessary. They are helpful in ensuring access to counsel when it is needed."
Chambers & Partners 2023