Tag: access to information
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Lewis Graham and Leah Trueblood: A right to information in domestic law: five points of interest for public lawyers
In a recent decision, the Upper Tribunal (‘the UT’) has found that the operation of section 44 of the Freedom of Information Act 2000 (‘FOIA’) breaches the right to access information under Article 10 of the European Convention on Human Rights (‘ECHR’). The decision will obviously be of interest to lawyers working in the field…
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Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy
The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a…
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Richard Clayton: The Curious Case of Kennedy v Charity Commission
On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act…