Abstract

The Coalition Government has prioritised 'open data' as a 'powerful tool' to 'empower citizens', with a 'transparency commitment' to publish more crime and anonymised sentencing data and the Ministry of Justice has set out an open data strategy covering both civil and criminal courts. However, legal researchers frequently encounter inaccessible or 'closed' data, when they attempt to access basic information concerning civil cases. Better-organised and more open information would help inform public debates relating to procedural and substantive civil law - the discussion around libel reform and privacy-related interim injunctions, for example. This paper will argue that a lack of public data about defamation and privacy litigation, indicated by the Impact Assessment for the Defamation Bill 2012 and the report by the Master of the Rolls' Committee on Super-Injunctions in 2011, hampers the policy-making process, public debate and academic research around these issues of public interest.

Highlights

  • Transparency and open data are ‘a powerful tool to help reform public services, foster innovation and empower citizens’, said the Prime Minister in an open letter to Cabinet Ministers in July 2011.1 In the same year, the Coalition Government held a consultation, ‘Making Open Data Real’,2 to explore how it might ‘best embed a culture of openness and transparency in our public services’

  • Civil courts have been given scant attention in the Cabinet Office consultation and the Government’s wider open data project, despite the media and political attention given to civil issues, such as litigation costs and family law

  • I will consider the ongoing public debate around defamation and privacy civil litigation and argue that legal researchers and other interested members of the public are confronted with

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Summary

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INTRODUCTION
Interlocutory applications for Masters
Findings
CONCLUDING REMARKS

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