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08 August 2014
Issue: 7618 / Categories: Case law , Law digest , In Court
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Closed material procedure

Browning v Information Commissioner and another [2014] EWCA Civ 1050, [2014] All ER (D) 04 (Aug)

The claimant submitted that the Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976) (the Rules) did not and, as a matter of vires, could not permit the exclusion of a legal representative who was willing to give an undertaking as to confidentiality. He alternatively submitted that, even if such an interpretation was a tenable one, it should be resisted because the fundamental principles of open justice and natural justice demanded a more restrictive interpretation. Section 22, and paras 7(g), 11(1) and 16 of Sch 5 to the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act), and rr 5(3)(g) and 35 of the Rules were considered.

The court, in dismissing the appeal, held that the Rules, in particular rr 5(3)(g) and 35 of the Rules, fell within the vires conferred by s 22, and paras 7(g), 11(1) and 16 of Sch 5 to the 2007 Act. On the face of it, they permitted the procedure that

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

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Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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