Public Interest Privilege in UK Law
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Loutchansky v Times Newspapers Ltd (No. 2)
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The interest is that of the public in a modern democracy in free expression and, more particularly, in the promotion of a free and vigorous press to keep the public informed. The corresponding duty on the journalist (and equally his editor) is to play his proper role in discharging that function. Unless the publisher is acting responsibly privilege cannot arise.
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R v Derby Magistrates' Court, ex parte B
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Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
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Savings & Investment Bank Ltd ((in Liquidation)) v Fincken (No 2)
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It is not an abuse of the privilege to tell the truth, even where the truth is contrary to one's case. That, after all, is what the without prejudice rule is all about, to encourage parties to speak frankly to one another in aid of reaching a settlement: and the public interest in that rule is very great and not to be sacrificed save in truly exceptional and needy circumstances.
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Reynolds v Times Newspapers Ltd
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7. Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An approach to the plaintiff will not always be necessary.
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Ventouris v Mountain
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Our system of civil procedure is founded on the rule that the interests of justice are best served if parties to litigation are obliged to disclose and produce for the other party's inspection all documents in their possession, custody or power relating to the issues in the action. Nonetheless, disclosure being generally regarded as beneficial, any exception has to be justified as serving the public interest which gives rise to the exception.
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Science Research Council v Nassé ; Leyland Cars Ltd v Vyas
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Further, if such a "public interest privilege" applies, the Commission would not be entitled to require such information in their inquisitorial role (see Sex Discrimination Act, S 59(3) 1 and the Race Relations Act, s 50(3)). And if there was a duty net to disclose such documents in discrimination proceedings it would also apply in ordinary litigation.
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Defamation Act 2013
... ... under section 4 (publication on matter of public interest); ... court proceedings protected by absolute privilege); ... ...
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Finance Act 2022
... ... law relating to the national debt and the public revenue, and to make further provision in ... group as it, has or have a substantial interest in a relevant joint venture company ... subject to legal professional privilege ... ...
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Defamation Act (Northern Ireland) 2022
... ... under section 3 (publication on matter of public interest); ... (b) (b) a defence under section ... (other reports protected by qualified privilege) ... (8) The common law defence of fair ... ...
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Presumption of Death Act 2013
... ... the applicant does not have a sufficient interest in the determination of the application ... rule of law to be withheld on grounds of public interest immunity, ... on grounds of legal professional privilege, or ... ...
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Balancing Public Interest and a Fair Trial in Police Informer Privilege: A Critical Australian Perspective
The name of a police informer is not to be revealed in court unless certain conditions are met. What this article shows is that the historical basis for this rule of evidence, ‘the informer rule’, ...
- “Crown Privilege”, Scrutiny of the Administration and the “Public Interest”—A Comment on Sankey v. Whitlam1
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Private Information in Public Hands: Confidentiality, Court Disclosure and the Public Interest
Individuals and organisations are frequently required to provide public agencies with information about their affairs which they would not wish disseminated to others. Income tax returns represent ...... ... The agencymayresist disclosureonthebasisofast~tutorysecrecy provision an,d/or aclaim to Cro'wn privilege.The courtisthus requiredtoresolve aconflict between competingpublic interests: the public interest in the proper administration 0/justice,an,dthe ... ...
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Public Interest Immunity and Disclosure of Unused Materials in Criminal Proceedings
This paper focuses on public interest immunity (PII) and disclosure of unused material in the context of criminal proceedings. PII used to be referred to as Crown privilege and was hardly ever rais...... ... REFERENCES (1) Duncan v Cammell, Laird & Co.Ltd[1942] AC 624, which held that a court could never question a claim to Crown privilege by the Crown if the claim was made in proper form; see also R v Lewes Justices, ex p Secretary of State for the Home Department [1973] AC 388, 400 ... ...
- Redactions For Privilege, Irrelevance And Public Interest Immunity, And Waiver Of Privilege: High Court Provides Guidance
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Legal Professional Privilege: The New Status Quo
Legal professional privilege (“LPP”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and i...... ... a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer ... ...
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Disciplinary Investigations and Legal Professional Privilege
... ... of the right to legal professional privilege as part of the public interest in the administration of justice, and sets out guidance on the ... ...
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CPRs Allow For Continued Document Redaction, Rules High Court
... ... in accordance with CPR 31.14 save where privilege or public interest immunity applies; that a ... ...