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Proceedings in the court of public opinion.

Proceedings in the court of public opinion.

Postby Hairyloon » Thu Apr 12, 2018 7:32 am

In a case of public interest, is there any reason why one side or both should not publish their papers in full, in order that the public can properly discuss the issues amongst themselves?
As I recall, in the Miller case, the court published the documents at some point before the hearing, but I understand that that is unusual.
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Re: Proceedings in the court of public opinion.

Postby atticus » Thu Apr 12, 2018 8:31 am

The OP may not be aware of CPR 5.4C.
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Re: Proceedings in the court of public opinion.

Postby Hairyloon » Thu Apr 12, 2018 9:51 am

I was aware that documents could be accessed, but not of the specific rule.
Public access is not the same as publicly published though: I'm told that it is "Bad form" to publish and doing so might annoy the court, but if the public can access the documents, then what is to stop a third party from circumventing the etiquette? Assuming that that is actually the etiquette.
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Re: Proceedings in the court of public opinion.

Postby atticus » Thu Apr 12, 2018 9:54 am

There is also CPR 31.22.

If the OP has been told things he might ask the teller.

For my part, I advise clients that publicising their cases may make settlement more difficult.
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Re: Proceedings in the court of public opinion.

Postby dls » Thu Apr 12, 2018 11:06 am

There are of course many situations where such behaviour will properly be frowned upon severely.
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Re: Proceedings in the court of public opinion.

Postby atticus » Thu Apr 12, 2018 11:09 am

The OP may have been told that news reports about ongoing cases often include something to the effect that the party has said that he/she/it is unable to comment about a case that is before the courts. That may say something about the willingness of parties to court proceedings to satisfy others' curiosity.
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Re: Proceedings in the court of public opinion.

Postby dls » Fri Apr 13, 2018 8:32 am

The phrase 'court of public opinion' brings several rather nasty elements to mind.
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Re: Proceedings in the court of public opinion.

Postby Hairyloon » Fri Apr 13, 2018 11:53 am

dls wrote:The phrase 'court of public opinion' brings several rather nasty elements to mind.

It does. You are welcome to suggest an alternative phrase to use if you prefer?

dls wrote:There are of course many situations where such behaviour will properly be frowned upon severely.

Clearly so, but take Miller as an example: that was so far from frowned upon that the court published the papers themselves.
What were the parameters that caused them to do that?
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Re: Proceedings in the court of public opinion.

Postby atticus » Sat Apr 14, 2018 1:55 pm

Does "many situations" mean "every single situation"?
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Re: Proceedings in the court of public opinion.

Postby Hairyloon » Sat Apr 14, 2018 4:32 pm

atticus wrote:Does "many situations" mean "every single situation"?

Has anybody here suggested that it should? But since this discussion is about those others apart from that "Many", once acknowledged, those can largely be ignored.
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