§ Lord Wedderburn of Charltonasked Her Majesty's Government:
Whether the practice (in the High Court or in the Court of Session) of not holding hearings in public for interim injunctions or interdicts in industrial disputes is consistent with the obligations of the United Kingdom under the European Convention on Human Rights. [HL2320]
§ The Lord Chancellor (Lord Irvine of Lairg)In England and Wales hearings in the High Court may only take place in private in the limited circumstances set out in Part 39 of the Civil Procedure Rules. A practice direction, supporting the relevant rule of court, specifically requires the judge to have regard to Article 6(1) of the European Convention on Human Rights in exercising this discretion. The High Court has held that Part 39 of the rules is compatible with Article 6 of the European Convention on Human Rights. In Scotland, the Court of Session's practice is to hold all interim hearings in open court and announce the calling over the public address system. Only in exceptional circumstances would an interim hearing be held in chambers.