Benn Sheridan appears in significant decision on the relationship between the Open Justice principle and the Human Rights Act

In a recent appearance in the High Court, Benn Sheridan successfully persuaded HHJ Hodge KC (sitting as a High Court Judge) that professional autonomy, or the ability to choose one’s profession, is an interest protected under Article 8 of the European Convention on Human Rights and the HRA 1998.  This is believed to be the only English authority on this point.

The submission was accepted during an anonymity application which Benn made on behalf of his client under CPR 39.2(4). Benn’s client is the defendant in an ongoing commercial dispute raising issues of employment and IP law.  HHJ Hodge’s judgment contains a clear analysis of the interests weighed in an anonymity application.  It is a reminder of the paramount importance that the English courts attach to Open Justice.  The judgment is available here.  The Law360 news article is available (behind paywall) here.

Benn’s opponent during the application was David Craig KC of Essex Court Chambers.  Benn will represent his client (who strongly disputes the allegations made against him), at a two-week trial in February 2026, led by Arnold Ayoo of Maitland Chambers.

To subscribe to Henderson Chambers news, alerters and updates please click here.