||All England Reporter
|| All ER (D) 134 (Apr)
|| EWCA Civ 491
||Court of Appeal, Civil Division
Mummery and Keene LJJ
||Roger Stewart QC and Charles Douthwaite (instructed by Healys) for the tenant.
||Jonathan Gaunt QC and Lawrence Caun (instructed by Straiton & Co) for the landlord.
||9 April 2003
Human rights - Right to fair and public hearing - Civil proceedings - Disclosure of documents - Application to adduce further evidence on appeal - Evidence consisting of privileged documents - Unopposed application for hearing to be in private - Discretion of court to grant hearing in private - CPR 39.2 - European Convention on Human Rights, art 6.
On an unopposed application for a hearing to adduce further evidence to be held in private, the court was bound by the strong general rule of publicity under the CPR. Furthermore, it was bound by that part of the provisions of art6 of the European Convention on Human Rights that provided that the press and the public should only be excluded if ' the protection of the private life of the parties so require[s], or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.'
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