Privacy vs Open Justice: A Constitutional Balancing Act In Gibraltar

The principle of open justice – that justice is not only done but also seen to be done – is a cornerstone of the common law. It ensures transparency, public confidence and accountability within the justice system. However, in certain types of litigation, particularly cases involving sensitive personal, family or financial matters, the interests of justice may necessitate a departure from this principle.

Recently, Gibraltar's courts have developed critical jurisprudence on this tension between privacy and open justice. While known for its robust common law foundations, there is a fundamental – and often overlooked – distinction between Gibraltar and the English system: the treatment of privacy in litigation.