View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Comment
June 9, 2015updated 10 Jun 2015 2:12pm

Blow for court reporters as barristers’ ethics committee suggests withholding court documents from the press

By Cleland Thom

Journalists covering court cases will find it harder to get basic information, if an influential committee gets its way.
The Bar Council's ethics committee has advised that barristers do not have a duty to provide reporters with documents that summarise the arguments used in court cases.
The committee says barristers' main duty is to their client – not the press.
But journalists find the documents, containing 'skeleton arguments' are essential if they are to cover court cases effectively.
The committee's report says: '"There is no duty on a barrister to provide documentation to someone who is not a party.
"Anyone dissatisfied with a barrister's refusal to provide documentation has the opportunity to apply to the relevant court or tribunal."
The committee's guidance is surprising, since the 'skeleton arguments' system works well. It is in direct conflict with directions given by Lord Neuberger, president on the Supreme Court, two years ago.
He said then that the press could not always get the full picture of a case without the skeleton arguments.
He added: 'If proceedings are in public, then … there should be made available all the documents which are in court – (journalists) should have them.
"If we believe in open justice, then we should be doing something to ensure that, within reason, copies of documents, such as skeletons, are available."
Other High Court judges, including Mr Justice Holman, Mr Justice Peter Smith, and Mr Justice David Richard have also spoken out in favour of providing documents to reporters.
The ethics committee only provides barristers with guidelines. Hopefully, individual counsel will recognise that they can continue to help the press without compromising their duty to their clients – and also recognise they also have a duty to assist the principle of open justice.
Picture: Shutterstock

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network