![]() ![]() Does ‘the reporting of judgments in small and medium cases’ mean publishing on BAILII as happens with children cases under the transparency guidance, or does it mean ‘reporting’ in some other sense (‘reporting’ is not necessarily synonymous with ‘publication’ – it might mean reporting by law reporters, for example, rather than bare publication)? If the purpose is to enable comparison of cases to identify and promote consistency will there be systematisation of the process through, for example, standardised judgments or the maintenance of a database? Will it mean that the President will issue revised transparency guidance, setting out when judges in the FRC should and should not publish judgments in the public interest? Or is this an indication that the public interest that tips the balance in favour of publication of private information is to be found in furthering the objective of the ‘delivery of substantive justice’ through the ‘big data’ effect, enabling people to see patterns through volume of judgments published? That is to say : the public interest lies in categories of case rather than the individual circumstances. We’re not *quite* sure yet what that means in practice. An increase in transparency will result in increased predictability of outcome, which in turn should lead to a higher rate of settlement or, for those cases that do not settle, a reduced rate of appeals. The delivery of substantive justice will be improved by an improved programme of judicial training by the reporting of judgments in small and medium cases by the judges of the FRC to promote transparency and consistency and by ensuring that sufficient time is allowed for the preparation and conduct of final hearings.
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