DISCLOSURE

DC (President of the QBD, William Davis J)
20 May 2020

An application for disclosure was refused where the claimants had all the information necessary to challenge a special prosecutor’s decision not to prosecute a victim who had allegedly made a false allegation of rape against their son. Disclosure of the documents sought had no relevance to the decision not to prosecute and the focus should have been whether the prosecutor’s decision was perverse.

[2020] EWCA Civ 448
[2020] EWCA Civ 448
CA (Civ Div) (McCombe LJ, King LJ, Holroyde LJ)
25 March 2020

A judge had not erred when relying on the guidance in C (A Minor) (Care Proceedings: Disclosure), Re [1997] Fam. 76 in ordering disclosure to the police of documents filed in care proceedings related to severe brain injuries suffered by a nine-week-old child.

CA (Crim Div) (Davis LJ, Nicol J, Johnson J)
19 December 2019

Although the transcript of a Crown witness’s interview should have been disclosed to the defence, there was no contradiction in it compared to what was said at trial that was capable of affecting the safety of an offender’s conviction for possession of a firearm and ammunition with intent to endanger life.

[2019] EWCA Crim 2100
[2019] EWCA Crim 2100
CA (Crim Div) (Lord Burnett LCJ, Sweeney J, Sir Roderick Evans)
29 November 2019

In an indecent assault trial which turned on the comparative credibility of the complainant and the defendant, the judge should have given a full good-character direction in respect of the defendant. His failure to do so, coupled with his direction that the jury should treat the unchallenged evidence of the defendant’s character witnesses with caution, simply because they knew him well, rendered the defendant’s conviction unsafe.

[2019] EWCA Crim 2052
[2019] EWCA Crim 2052
CA (Crim Div) (Fulford LJ, Nicklin J, Sir Kenneth Parker)
26 November 2019

An individual’s conviction for two counts of conspiracy to cheat the public revenue were safe. Although there had been failures in the prosecution’s disclosure process, they had not been in bad faith and they had been cured by the time of the trial. The prosecution had also been entitled not to investigate further the allegation that there had been another conspirator, due to insufficient evidence against him.

[2019] UKUT 262 (AAC)
[2019] UKUT 262 (AAC)
UT (AAC) (Judge Mitchell)
3 September 2019

For the purposes of the qualified exemption from disclosure under the Freedom of Information Act 2000 s.30, in respect of information relating to investigations and proceedings conducted by public authorities, competing public interests were to be assessed according to the circumstances as they stood when the public authority refused a request for information.

[2019] EWCA Civ 1364
[2019] EWCA Civ 1364
CA (Civ Div) (Sir Andrew McFarlane PFD, Simon LJ, Nicola Davies LJ)
31 July 2019

A judge in care proceedings in which the parents were suspected of involvement in terrorism-related activity had correctly followed the approach in C (A Minor) (Care Proceedings: Disclosure), Re [1997] Fam. 76 in making an order directing the local authority to disclose to the police a copy of the parents’ position statements and statements of evidence. The Re C approach remained fit for purpose and did not require revision.

[2019] NICA 53
[2019] NICA 53
CA (NI) (Treacy LJ, Horner J)
1 May 2019

A judge had erred in holding that a public interest immunity application under the Criminal Procedure and Investigations Act 1996 s.8(5) was an abuse of process in a case where a disclosure application had previously been made. The s.8(5) application was not the re-opening of the disclosure application.

[2019] UKSC 3
[2019] UKSC 3
SC (Lady Hale PSC, Lord Kerr JSC, Lord Sumption JSC, Lord Carnwath JSC, Lord Hughes JSC)
30 January 2019

The Supreme Court considered the revised statutory schemes for the disclosure of convictions in England and Wales and Northern Ireland under the Rehabilitation of Offenders Act 1974, the Rehabilitation of Offenders (Northern Ireland) Order 1978 and the Police Act 1997. The schemes were in accordance with the law for the purposes of ECHR art.8 and, with the exception of provisions in relation to the multiple conviction rule and warnings and reprimands issued to young offenders, it was not possible to say that the categories in the schemes were disproportionate.

[2019] EWHC 109 (Ch)
[2019] EWHC 109 (Ch)
Ch D (Hildyard J)
25 January 2019

A defendant in civil proceedings was ordered to disclose documents given to it by the Serious Fraud Office which the SFO had obtained during a criminal investigation pursuant to its powers under the Criminal Justice Act 1987 s.2.

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