R (Al-Sweady and others) v Secretary of State for Defence (No 2) – WLR Daily

Posted October 6th, 2009 in cross-examination, disclosure, judicial review, law reports by sally

R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292

“In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those ‘hard-edged’ questions of fact, it was vital for full disclosure to occur to enable effective and proper cross-examination to take place. That constituted an important exception to the conventional approach in respect of disclosure in judicial review cases and the approach should be similar to that involved in an ordinary Queen’s Bench action.”

WLR Daily, 5th October 2009

Source: www.lawreports.co.uk

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