Source: All England Reporter
Publisher Citation: [2002] All ER (D) 334 (Oct)
Court: Divisional Court

Kennedy LJ and Pitchers J

Representation David Perry (instructed by Cooper Kenyan Burrows) for the claimants.
  Khawar Qureshi (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 23 October 2002


Criminal evidence and procedure - Disclosure of document - Letter of request from United States for evidence from claimants - Confidentiality of letter of request - s 2(2) - s 4(2A).

The Case

Letters of request issued by foreign states to the Secretary of State requesting information regarding a criminal investigation were not disclosable documents, but justice had to be done to those who were the subject of notice under s2(2) of the issued pursuant to a letter of request. The needs of justice could normally be met, as in the instant case, if when a request was made for disclosure of the letter of request information, was given as to the nature of the criminal investigation, but in some cases the requirements of justice could require more. They did not do so in the instant case.

If you are a LexisLibrary subscriber you can read more about this case here.