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17 May 2024
Issue: 8071 / Categories: Features , Procedure & practice , Public
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Civil servants & redaction: identity matters

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The recent case of IAB may have caused a stir among junior civil servants, but they may not need to worry as much, suggests Nick Wrightson
  • Discusses IAB and its effect on junior civil servants, and proposes that there are powerful protections available.

In his leading judgment in Secretary of State for the Home Department and another v R (on the application of IAB & others) [2024] EWCA Civ 66, [2024] All ER (D) 128 (Mar), Lord Justice Bean branded the government’s routine practice of redacting civil servants’ names from documents for disclosure in judicial review proceedings ‘inimical to open government and unsupported by authority’.

Understandably, this finding may have caused a stir among ‘junior’ civil servants. They may well be left anxious that a society tending increasingly towards criticism and vitriol will target them if their names and roles are revealed. On another view, however, redaction was never the right tool for protecting potentially embattled public servants and their expectations have not been adequately managed. It may

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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