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09 December 2016
Issue: 7726 / Categories: Case law , Law digest , In Court
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Human rights

R (on the application of K and others) v Secretary of State for Defence and another [2016] EWCA Civ 1149, [2016] All ER (D) 133 (Nov)

The Court of Appeal allowed the appeal of three Afghan nationals who had brought proceedings on the basis that they had worked for the defendant secretaries of state as covert human intelligence sources. The Divisional Court had, in earlier proceedings, refused the claimants’ application for further disclosure on the ground that the claims relied on by the claimants had not engaged art 6 of the European Convention on Human Rights. The Court of Appeal held that the Divisional Court had erred in that the resolution of the claimants’ public law claim constituted a determination of their “civil rights”, within the meaning of Art 6 of the Convention and, accordingly, fell within the ambit of the Justice and Security Act 2013. Accordingly, the court held that there would have to be such disclosure as was necessary for the claimants to have the fair hearing to which Art 6 entitled them, and that, if

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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