Source: All England Reporter
Publisher Citation: [2014] All ER (D) 185 (Jan)
Neutral Citation: [2014] EWHC 43 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Mr Justice Ouseley

Representation Adam Sandell (instructed by the British Union for the Abolition of Vivisection) for the claimant.
  Paul Greatorex (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 January 2014

Catchwords

Document - Pre-action disclosure - Production before commencement of proceedings - Claimant contemplating issuing judicial review proceedings against defendant Secretary of State - Claimant seeking pre-action disclosure - Defendant contending court not having jurisdiction to order pre-action disclosure in judicial review proceedings and disclosure prevented by legislation - Whether court having jurisdiction - Whether legislation preventing disclosure - CPR 31.6, 31.16.

The Case

Document Pre-action disclosure. The claimant British Union for the Abolition of Vivisection sought pre-action disclosure of information obtained by the defendant Secretary of State under the for use in contemplated judicial review proceedings. The Secretary of State contended that the court had no jurisdiction to order pre-action disclosure and disclosure was criminalised by s 24 of the Act. The Administrative Court, in dismissing the application, held that there was power to order pre-action disclosure in judicial review proceedings under CPR 31.16(3). However, s 24 of the Act did not permit disclosure for the purpose of defending judicial review proceedings.

Practice Areas

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