Open justice in the Supreme Court: principle or pragmatism?

The Supreme Court gave judgment last week in the Bank Mellat cases: Bank Mellat v HM Treasury (No 1) [2013] UKSC 38 and Bank Mellat v HM Treasury (No 2) [2013] UKSC 39. In this post, I explain why, in the former case, the court took a wrong-turning by improperly allowing a fundamental constitutional principle to be displaced by pragmatic arguments. (For an excellent overview of Bank Mellat (No 2), see this post on Paul Daly’s blog.)

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