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Is the preparatory hearing open to the public, and on what ground may the court hold it behind closed doors?

General information · Not legal advice

Material to check

In the practice file we read the notice designating the preparatory hearing, the court's record of who was admitted to the courtroom, and any written decision in which the court gave its reason for keeping the hearing closed.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading starts from the rule that the court holds the preparatory hearing in public, so members of the press and the public may be present when claims and evidence are organised and the hearing plan is set.

Another reading takes the exception on its own terms: where the court finds that opening the hearing to the public risks disrupting the progress of the procedure, it may hold the hearing non-public, so openness turns on that finding rather than on a fixed rule.

Your judgment

If the court closed the hearing, what in the record would show that a risk of disruption actually existed and was not merely assumed?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change the exception for a non-public hearing, or if a court decision sets out when a risk of disruption justifies closing a preparatory hearing.

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