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‘That’s classified!’

28 July 2023 / Athelstane Aamodt
Issue: 8035 / Categories: Features , Media , Freedom of Information
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As events in the US bring classified documents out of the shadows, Athelstane Aamodt shines a light on government secrecy

We’ve all seen it. That bit in a film when a plucky reporter asks about the existence of a rumoured secret black-ops mission that appears to have killed a lot of innocent civilians during their mission and for which they have gone undetected and unpunished. ‘That’s classified’, replies the aloof official, peremptorily ending the conversation.

The classification of documents by governments has become topical in recent months: Presidents Donald Trump and Joe Biden, and Vice-President Mike Pence, have been found to have classified documents in their homes. Thus far only Donald Trump has been indicted, and he has entered ‘not guilty’ pleas to 37 federal charges of document mishandling.

There is always something a little disconcerting about certain pieces of information being ‘classified’. Democracies, that are after all (at least notionally) founded on principles of transparency and openness, appear to be acting against their own nature by preventing their citizens from seeing all

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Charles Russell Speechlys—Matthew Griffin

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NEWS
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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