| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 359 (Jun) |
| Neutral Citation: | [2003] UKHL 38 |
| Court: | House of Lords |
| Judge: | Lord Steyn, Lord Hutton, Lord Scott of Foscote, Lord Rodger of Earlsferry, and Lord Walker of Gestingthorpe |
| Representation | Geoffrey Robertson QC, Martin Westgate and Laura Durbinsky (instructed by Guardian Newspapers Legal Department) for the claimants. |
| Philip Sales, David Perry and Ben Hooper (instructed by the Treasury Solicitor) for the Attorney General. | |
| Judgment Dates: | 26 June 2003 |
Catchwords
Practice and procedure - Civil proceedings - Member of public seeking to bring proceedings against Crown for declaration certain proposed conduct criminal - Criteria to be applied - s 3.
The Case
When considering an application for permission to apply for judicial review brought by The Guardian newspaper concerning s3 of the the House of Lords laid down the criteria to be applied to determine whether a case fell within the exceptional category where it would be proper for a member of the public to bring proceedings against the Crown for a declaration that certain proposed conduct was lawful and naming the Attorney General as the formal defendant
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