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.


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