Online Tribunal Judgments and The Limits of Open Justice

Forthcoming (2021) 41 Legal Studies

29 Pages Posted: 29 Apr 2021

See all articles by Zoe Adams

Zoe Adams

University of Cambridge

Abi Adams-Prassl

University of Oxford - Department of Economics

Jeremias Adams-Prassl

University of Oxford - Faculty of Law

Date Written: April 1, 2021

Abstract

The principle of open justice is a constituent element of the rule of law: it demands publicity of legal proceedings, including the publication of judgments. Since 2017, the UK government has systematically published first instance Employment Tribunal decisions in an online repository. Whilst a veritable treasure trove for researchers and policy makers, the database also has darker potential – from automating blacklisting to creating new and systemic barriers to access to justice. Our scrutiny of existing legal safeguards, from anonymity orders to equality law and data protection, finds a number of gaps, which threaten to make the principle of open justice as embodied in the current publication regime inimical to equal access to justice.

Keywords: Employment Tribunals, Online Judgments, Open Justice, Machine Learning, Data Protection, Algorithmic Discrimination

JEL Classification: K00

Suggested Citation

Adams, Zoe and Adams-Prassl, Abi and Adams-Prassl, Jeremias, Online Tribunal Judgments and The Limits of Open Justice (April 1, 2021). Forthcoming (2021) 41 Legal Studies , Available at SSRN: https://ssrn.com/abstract=3835790

Zoe Adams

University of Cambridge ( email )

Abi Adams-Prassl

University of Oxford - Department of Economics ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

Jeremias Adams-Prassl (Contact Author)

University of Oxford - Faculty of Law ( email )

Magdalen College
Oxford, OX1 4AU
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/jeremias-adams-prassl

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