S, R (on the application of) v X

S, R (on the application of) v X

Permission granted on grounds relating to statutory interpretation and legality of guidance; interim relief ordered restraining publication of decision notice pending determination of proceedings or Upper Tribunal's decision on privacy, conditional on claimants making application under Rule 14 within 14 days.

Parties
Claimant: S (anonymised); Defendant: X (anonymised)
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Judicial Review / Permission and Interim Relief Application
Outcome
Permission granted; interim relief granted
Legal Topics
Statutory Interpretation, Publication of Regulatory Decisions, Privacy and Confidentiality, European Convention on Human Rights
Administrative Law Financial Regulation Human Rights Statutory Interpretation Publication of Regulatory Decisions Privacy and Confidentiality European Convention on Human Rights

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Parties

S (anonymised)

Claimant

X (anonymised)

Defendant

Procedural Posture

Judicial Review / Permission and Interim Relief Application

Legal Issues

  1. 1 Whether X's guidance on publication of decision notices under section 391(4) of the Z Act 2000 is lawful
  2. 2 Whether publication of a decision notice prior to final determination is appropriate
  3. 3 Whether claimants were prejudiced by statutory changes and guidance

Ratio Decidendi

Permission granted on grounds relating to statutory interpretation and legality of guidance; interim relief ordered restraining publication of decision notice pending determination of proceedings or Upper Tribunal's decision on privacy, conditional on claimants making application under Rule 14 within 14 days.

Court Disposition

Permission granted; interim relief granted

Orders

  • Defendant restrained from publishing decision notice or its contents until earlier of determination of these proceedings or Upper Tribunal's determination on privacy, conditional on claimants making application under Rule 14 within 14 days.
  • Order for anonymisation of parties under CPR 39.2.