Archive for the 'public interest immunity' Category

Regina v Twomey and others (No 2) – WLR Daily

Regina v Twomey and others (No 2) [2011] EWCA Crim 8; [2011] WLR (D) 10

“The question whether a trial should proceed as a trial by judge and jury or trial by judge alone was concerned exclusively with the mode of trial, and the process of deciding whether the guilt of the defendant was established was entirely distinct from the question of how the tribunal responsible for making that decision was constituted.”

WLR Daily, 21st January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Spy murder case could be too sensitive for court – Daily Telegraph

“The true explanation for the murder of Gareth Williams, the MI6 codebreaker found dead in a bath, may have to be kept secret even if his killer is found and put on trial, lawyers have warned.”

Full story

Daily Telegraph, 31st August 2010

Source: www.telegraph.co.uk

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) – WLR Daily

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31

“As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the parties to the litigation to know the reasons for the court’s decision) had to be rigidly contained. It should be rare for the court to order that any part of the reasoning in its judgment which had lead it to its conclusion should be redacted, and any such order should be made only in extreme cases.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Al-Sweady and Others) v Secretary of State for Defence – Times Law Reports

Regina (Al-Sweady and Others) v Secretary of State for Defence

Queen’s Bench Divisional Court

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in them. Nothing less was acceptable.”

The Times, 3rd August 2009

Source: www.timesonline.co.uk

R (Al-Sweady and others) v Secretary of State for Defence – WLR Daily

R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”

WLR Daily, 14th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ex-detective backs miscarriage of justice claim – The Guardian

“A former detective now working as a private investigator says that a file seized from him by police last year could hold key information about an alleged miscarriage of justice. His claim is the latest concern to be raised in the case, which involved another officer since convicted of corruption.”

Full story

The Guardian, 5th May 2009

Source: www.guardian.co.uk

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) – WLR Daily

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300

“In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court’s discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the court considered was not addressed either expressly or implicitly.”

WLR Daily, 2nd September 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges back Lockerbie evidence suppression – The Guardian

“A legal battle to release a secret intelligence report which could free the Libyan man convicted of the Lockerbie bombing is to continue after judges ruled the foreign secretary had the right to suppress the document.”

Full story

The Guardian, 7th March 2008

Source: www.guardian.co.uk

Miliband blocks release of key Lockerbie files – The Guardian

“The foreign secretary has been accused of interfering in the appeal of the man jailed for the Lockerbie bombing, after he refused to release secret papers which could clear the Libyan.”

Full story

The Guardian, 21st February 2008

Source: www.guardian.co.uk

The extraordinary case of Britain’s most secret murder trial – The Independent

“A court hearing tomorrow, being described by lawyers as unprecedented in UK legal history, will decide whether the death of the man who took the last photograph of George Bernard Shaw must remain a mystery.”

Full story

The Independent, 27th January 2008

Source: www.independent.co.uk

Judge agrees to hold murder trial in secret – The Guardian

“Much of a murder trial will be held in secret for reasons of ‘national security’, an Old Bailey judge ruled yesterday.”

Full story

The Guardian, 16th January 2008

Source: www.guardian.co.uk

Media challenge national security claim for secrecy in murder trial – The Guardian

“Media organisations including the Guardian yesterday challenged a demand unprecedented in modern times – that witnesses at a forthcoming murder trial should be heard in secret, for ‘national security’ reasons.”

Full story

The Guardian, 15th January 2008

Source: www.guardian.co.uk

Why is Home Office trying to stage murder trial in secret? – The Times

“The Home Secretary is seeking to have the trial of a man accused of murdering a prize-winning author held in secret because the defendant may have links with British Intelligence, The Times has learnt.”

Full story

The Times, 13th December 2007

Source: www.timesonline.co.uk


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