header-logo header-logo

24 July 2013
Issue: 7570 / Categories: Case law , Law reports , In Court
printer mail-detail

Freedom of information—Exempt information—Attorney general's certificate

R (on the application of Evans) v Attorney General [2013] EWHC 1960 (Admin), [2013] All ER (D) 111 (Jul)

Queen's Bench Division, Divisional Court, Lord Judge LCJ, Davis LJ and Globe J, 9 July 2013

The attorney general's power to issue a certificate under s 53 of the Freedom of Information Act 2000 (FOIA 2000), with the practical effect of preventing disclosure ordered by the Upper Tribunal is not unconstitutional; reasons have to be provided and will be available to scrutiny on judicial review. The certificate issued precluding disclosure of letters of the Prince of Wales was not unreasonable and thus would not be overturned.

Dinah Rose QC & Aidan Eardley (instructed by Guardian News and Media Ltd) for the claimant. Jonathan Swift QC & Julian Milford (instructed by the Treasury Solicitor) for the Attorney General. Timothy Pitt-Payne QC (instructed by the Information Commissioner's Office) for the Information Commissioner.

The claimant was a journalist. In April 2005, he sought disclosure of communications passing between

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll