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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
In this week’s NLJ, Fred Philpott, Gough Square Chambers, invites us to imagine there was no statutory limitation. What would that world be like?
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
Is AI a help or a potential risk? What do lawyers need to consider regarding their use of AI? How do they evidence the extent and scope of its use in their work?
Pandemic, sanctions, armed conflict, blocked shipping corridors, transport disruption... in these uncertain times, every successful commercial entity must ensure they have an effective force majeure clause in place. But how exactly do you ensure this? 
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
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