header-logo header-logo

08 August 2014
Issue: 7618 / Categories: Case law , Law digest , In Court
printer mail-detail

Closed material procedure

Browning v Information Commissioner and another [2014] EWCA Civ 1050, [2014] All ER (D) 04 (Aug)

The claimant submitted that the Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2009/1976) (the Rules) did not and, as a matter of vires, could not permit the exclusion of a legal representative who was willing to give an undertaking as to confidentiality. He alternatively submitted that, even if such an interpretation was a tenable one, it should be resisted because the fundamental principles of open justice and natural justice demanded a more restrictive interpretation. Section 22, and paras 7(g), 11(1) and 16 of Sch 5 to the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act), and rr 5(3)(g) and 35 of the Rules were considered.

The court, in dismissing the appeal, held that the Rules, in particular rr 5(3)(g) and 35 of the Rules, fell within the vires conferred by s 22, and paras 7(g), 11(1) and 16 of Sch 5 to the 2007 Act. On the face of it, they permitted the procedure that had been adopted by the FTT in the present case.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll