Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

‘The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a prohibition from disclosure under s 32 should be interpreted compatibly with Article 10, as required by s 3 of the HRA. However, the Supreme Court declined to follow the recent ECtHR case law, holding that Article 10 did not encompass a right of access to information, deprecating the parties’ failure to rely upon the common law right to information and disagreeing over the question of whether proportionality should replace Wednesbury unreasonableness: see my previous post on this here.’

Full story

UK Constitutional Law Association, 13th December 2016