Weakest ground. May be administrative error. Low impact.
The 06.02.2025 hearing was listed as 'A v B' on the public cause list without any CPR 39.2 order authorising anonymity. No reason given. No application made. Open justice is a constitutional principle. This unexplained departure requires explanation.
Scott v Scott [1913] AC 417; CPR 39.2
What the opponent will argue, and why they are wrong.
Administrative listing error, not a deliberate anonymisation.
Even if administrative, it demonstrates systemic dysfunction. Open justice is a constitutional principle (Scott v Scott [1913] AC 417). No CPR 39.2 order was made. The listing was public. The departure requires explanation regardless of intent.
This ground is trivial and does not affect the outcome of any order.
Agreed this is the weakest individual ground. It is included as part of the cumulative pattern (G-A13). In isolation it may be dismissed; in context of 29:0 adverse outcomes and systemic dysfunction, it contributes to the totality. Open justice is not trivial as a principle.
Three separate listings confirm anonymisation. No CPR 39.2 order exists on the court file.
Fallback: Open justice is a supporting ground. Its failure does not affect any other ground.
Independence: Partially dependent on other grounds succeeding.
| Date | Judge | Type | Status |
|---|---|---|---|
| 6 February 2025 | Master Kaye | Master's Ruling (Interim Payment) | VOID |