header-logo header-logo

Home Login E-newsletter About us

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

© Copyright LexisNexis 2026. All Rights Reserved.
24 July 2013
Issue: 7570 / Categories: Case law , Law reports , In Court
printer mail-detail

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

Read All
Sponsored by
Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Read All
NLJ this week: When silence speaks volumes
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
Public Accounts Committee warn of ‘extinction’ risk for legal aid
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
NLJ this week: The insider returns
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
NLJ this week: Drawing the line on contempt
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
NLJ this week: Stop and search by the numbers
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Copyright © 2026 LexisNexis
back-to-top-scroll