AIG, R (On the Application Of) v HM Courts & Tribunal Service & Anor

AIG, R (On the Application Of) v HM Courts & Tribunal Service & Anor

The harm to the public interest resulting from disclosure of the 'form of words' document outweighs the harm to the administration of justice caused by non-disclosure. The Commissioner’s application for public interest immunity is granted, except for information already disclosed in the letter dated 3 February 2021.

Parties
Claimant: AIG; First Defendant: HM Courts & Tribunal Service; Second Defendant: Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
12 March 2021
Procedural Posture
Judicial Review / Interlocutory Application for Public Interest Immunity (pii) Determination
Outcome
Application for public interest immunity granted (save for information disclosed in the 3 February 2021 letter).
Legal Topics
Public Interest Immunity, Disclosure, Search Warrants, Judicial Review
Administrative Law Criminal Procedure Public Interest Immunity Disclosure Search Warrants Judicial Review

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Parties

AIG

Claimant

HM Courts & Tribunal Service

First Defendant

Commissioner of Police of the Metropolis

Second Defendant

Procedural Posture

Judicial Review / Interlocutory Application for Public Interest Immunity (pii) Determination

Legal Issues

  1. 1 Whether the Commissioner of Police can withhold disclosure of the 'form of words' document on grounds of public interest immunity in judicial review proceedings challenging the grant of a search warrant.

Ratio Decidendi

The harm to the public interest resulting from disclosure of the 'form of words' document outweighs the harm to the administration of justice caused by non-disclosure. The Commissioner’s application for public interest immunity is granted, except for information already disclosed in the letter dated 3 February 2021.

Court Disposition

Application for public interest immunity granted (save for information disclosed in the 3 February 2021 letter).

Orders

  • The Commissioner of Police is permitted to withhold disclosure of the 'form of words' document on public interest grounds, except for the information disclosed in the letter dated 3 February 2021.