‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’
4 KBW, 6th August 2019
Source: www.4kbw.net
‘The Court of Appeal has rejected an application by the Home Office to conduct an inquiry into claims of systemic abuse at an immigration detention centre in private, rejecting the claims that public hearings would be prohibitively expensive.’
The Guardian, 8th August 2019
Source: www.theguardian.com
‘Scotland yard has claimed it cannot publish the unredacted report into its handling of Operation Midland because to do so could reveal covert policing methods and help criminals.’
Daily Telegraph, 31st July 2019
Source: www.telegraph.co.uk
‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’
UK Human Rights Blog, 1st July 2019
Source: ukhumanrightsblog.com
‘Facebook, Apple, Microsoft and Google are to give secret evidence to the independent inquiry into child sexual abuse (IICSA) as it examines the growing problem of online exploitation.’
The Guardian, 13th May 2019
Source: www.theguardian.com
‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’
Law Society's Gazette, 26th February 2019
Source: www.lawgazette.co.uk
‘A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed.’
UK Human Rights Blog, 25th January 2019
Source: ukhumanrightsblog.com
‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’
UKSC Blog, 2nd February 2018
Source: ukscblog.com
‘The Justice and Security Act 2013 introduced the idea of Closed Material Proceedings (CMP) to civil litigation in a significant way for the first time. This is a procedure (which had previously only used in a small number of specialist tribunals) whereby all or part of a claim can be heard in closed proceedings in order for the court to consider material which, if disclosed publicly, would risk harming national security. These hearings exclude even the claimant, who is represented instead by a Special Advocate who takes instructions and then is unable to speak to his or her client again once they have seen the sensitive material.’
UK Human Rights Blog, 7th December 2017
Source: ukhumanrightsblog.com
The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.
UK Human Rights Blog, 26th October 2017
Source: ukhumanrightsblog.com
‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’
UK Police Law Blog, 30th July 2017
Source: ukpolicelawblog.com
‘The police and not a local authority must pay for the provision of special advocates in a rare example of them being required for a Family Court case, Cobb J has ruled.’
Local Government Lawyer, 17th July 2017
Source: localgovernmentlawyer.co.uk
‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’
The Guardian, 23rd March 2017
Source: www.guardian.co.uk
‘The government has been accused of attempting to bury the truth about Britain’s role in the CIA’s extraordinary rendition process by seeking to have a case, brought by two men detained by the US, heard in secret.’
The Guardian, 5th March 2017
Source: www.guardian.co.uk
‘The government can keep secret “super-sensitive” documents from Britain’s spy agencies that might shed light on the mystery death of a fugitive Russian, the high court has ruled.’
The Guardian, 23rd November 2016
Source: www.guardian.co.uk
‘A Somali-born man who spurned MI5 efforts to recruit him as an informant has been found guilty – following a partially secret trial – of preparing to join Islamic State fighters in Syria.’
The Guardian, 13th October 2016
Source: www.guardian.co.uk
‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’
Panopticon, 18th March 2016
Source: www.panopticonblog.com
‘A rule that allows decisions in immigration appeals to be based on undisclosed evidence is not unlawful, the High Court has ruled.’
Law Society’s Gazette, 16th February 2016
Source: www.lawgazette.co.uk
‘Terrorism has brought many changes in the ways in which we go about our lives. Many of these are quite minor, irritating but generally sensible. The holding of trials where much of the evidence is kept secret is not minor, and in principle must be considered an outrage rather than an irritant. But there are clearly occasions when this has to happen, and it is a great challenge to those who on the one hand have responsibility for preventing terrorism and those on the other hand responsible for ensuring that justice has been done.’
UK Human Rights Blog, 11th February 2016
Source: www.ukhumanrightsblog.com
‘Possibly the worst headline I’ve ever written. But before I’m accused of completely failing to perform basic contractual duties, allow me to explain why those seven words are rather important.’
BBC News, 10th February 2016
Source: www.bbc.co.uk
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