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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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Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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