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Privacy

30 May 2014
Issue: 7608 / Categories: Case law , Law digest , In Court
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R (on the application of Privacy International) v Revenue and Customs Commissioners [2014] EWHC 1475 (Admin), [2014] All ER (D) 83 (May)

The issue in the case concerned the powers and duties of the defendant Revenue and Customs Commissioners to disclose information about its export control functions to the claimant non-governmental organisation, Privacy International. The court ruled (inter alia) that there was no discrete or freestanding function of the Revenue to provide information to third parties. However, it was not exempt from disclosure under s 18(2) of the Commissioners for Revenue and Customs Act 2005 if and insofar as it met the test therein. Further, the Revenue’s margin of appreciation could not be uniformly categorised. In some circumstances it might be materially or even very substantially circumscribed, in other cases it might be relatively broad. The outcome might differ depending upon the status of the person seeking information and the type and nature of information sought. It might also be temporally contingent, in that a wide-ranging request for detailed information at the outset of an investigation might be

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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