39.2—(1) The general rule is that a hearing is to be in public.
(2) The requirement for a hearing to be in public does not require the court to make special arrangements for accommodating members of the public.
(3) A hearing, or any part of it, may be in private if—
(a)publicity would defeat the object of the hearing;
(b)it involves matters relating to national security;
(c)it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;
(d)a private hearing is necessary to protect the interests of any child or [F1protected party];
(e)it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing;
(f)it involves uncontentious matters arising in the administration of trusts or in the administration of a deceased person’s estate; or
(g)the court considers this to be necessary, in the interests of justice.
(4) The court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to protect the interests of that party or witness.
Textual Amendments
F1Words in rule 39.2(3)(d) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 12
Commencement Information
I1Rule 39.2 in force at 26.4.1999, see Signature