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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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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