Sentences with phrase «public interest immunity»

This appeal was brought by the Secretary of State for Foreign and Commonwealth Affairs («the Foreign Secretary») against a decision of the Divisional Court to include seven short paragraphs in the open version of a judgment, notwithstanding the fact that the Foreign Secretary had started in a number of Public Interest Immunity Certificates that such publication would lead to a real risk of serious harm to the national security of the UK.

The local authority claimed public interest immunity.

It is a fundamental aspect of the right to a fair trial that the parties are entitled to disclosure of all relevant evidence, save insofar as public interest immunity applies (Dowsett v United Kingdom (App no 39482 / 98)[2003] ECHR 39482 / 98).

Without public interest immunity all documents must be disclosed, for confidentiality alone does not confer privilege nor guarantee privacy.

JUSTICE intervened in Chahal in order to highlight the unfairness posed by the now largely defunct class based system of public interest immunity operated outside criminal proceedings.

Lord Woolf did vote for amendments to the Bill but at its Report Stage in the Lords he said this: «In generality, the proposals contained in the Bill have a great advantage over the existing process of public interest immunity: they allow the judge to have the material in a way which ensures that the interests of national security are protected.»

If the Government chooses not to claim public interest immunity, which is unlikely, the documents will be disclosed immediately.

Should vulnerable people who provide information on alleged abuse be entitled to public interest immunity?

Confidentiality & justice As a society we are concerned for justice at all costs (to which the advice privilege rule and public interest immunity are exceptions).

Public interest immunity and legal advice privilege deprive a court of relevant evidence, the first because it is held, in the individual case, to serve the pulic interest; in the second because a private interest in obtaining legal advice confidentially is said to justify suppression of relevant evidence.

The court explained the part public interest immunity played in the case as follows: ``... this is a class of information to which public interest immunity attaches has been established since the decision of the House of Lords in D v National Society for the Prevention of Cruelty to Children [1978] AC 171.

Roderick has particular expertise in cases of exceptional complexity, both factual and legal, and has achieved notable success in cases involving issues of disclosure, public interest immunity and allegations of corruption by investigating authorities.

Nicholas has particular expertise in handling heavyweight criminal cases where there are substantial issues in relation to disclosure and public interest immunity.

There is little appetite for replacing a system, Public Interest Immunity, which broadly works with another, Closed Material Procedures, which even those who work within it say does not.

Home Secretary Theresa May now faces a quandary about government materials relevant to the inquest but kept secret under a public interest immunity certificate.

There was no compelling reason to replace the public interest immunity process with a closed material procedure.

«It requires justification similar to the position in relation to public interest immunity (of which it is a form of subset),» he said.

The Foreign Secretary in February 2013 issued a certificate of Public Interest Immunity (PII), on the grounds of national security and / or international relations, to prevent the disclosure of a representative sample of Government documents relating to the 2006 poisoning.

When justice is closed and evidence sifted and filtered not by an open system of law, admissibility, or public interest immunity, but by half - hidden political interference, citizens must begin to be concerned — they can not openly challenge key evidence, and by implication key witnesses.

The Commonwealth Act and minimum standards: recommendations deal with protection of information from disclosure, information protocols, exemption from the Freedom of Information Act 1982 (Cth), exemptions from various Court procedures, public interest immunity, access for protection of heritage, provision of penalties;