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

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24 July 2013
Issue: 7570 / Categories: Case law , Law reports , In Court
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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

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