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22 March 2024 / Nicholas Dobson
Issue: 8064 / Categories: Features , Constitutional law , Public
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Redaction & the duty of candour

164873
Nicholas Dobson surveys recent case law on the redaction of civil servants’ names
  • Redaction is justifiable only where it is necessary for good and sufficient reason.
  • Redacting civil servants’ names is ‘inimical to open government and unsupported by authority’—Bean LJ.

On 25 February 1980 (long before the Freedom of Information Act 2000 and its provisions for public authority information disclosure), Permanent Secretary Sir Humphrey Appleby, in episode 1 of the BBC’s Yes Minister declared: ‘Open government is a contradiction in terms. You can have openness. Or you can have government. You can’t have both.’

This came to mind when, on 2 February 2024, the Court of Appeal in Secretary of State for the Home Department and Secretary of State for Levelling up, Housing and Communities v R (on the application of IAB & others) [2024] EWCA Civ 66 had to determine an important issue concerning redaction of civil servants’ names from evidence. This had been adduced by the defendant secretaries of state in a prospective challenge to the lawfulness

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

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Switalskis—four appointments

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Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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