England and Wales Case Law

Witness IIA126, R (on the Application of) v The Chairman of the Independent Inquiry Relating to Afghanistan

The Court declined to dismiss the Claimant’s disclosure requests (items 6-19) at this stage, holding it premature given the unexpired deadline and unresolved communication mechanisms. The Court adopted the Defendant’s proposal for a single-stage hearing for disclosure and CMP applications, finding it more efficient and appropriate given the nature of the issues and the need for expedition. The Court set directions for provision of gists and other case management matters, inviting parties to agree a draft order accordingly.

Source excerpt

• Judicial review
• Closed material procedure
• Disclosure
• Restriction orders
• Case management
• Inquiries

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CX (A child) (Reporting restrictions order: National security), Re

The High Court allowed anonymised reporting and disclosure in family proceedings involving a child, subject to strict restrictions and redactions, including safeguards for national security.

• Reporting restrictions
• Open justice
• Disclosure of documents
• Children proceedings
• Anonymity orders
• Freedom of expression

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CX (A child), Re (Reporting restrictions order: National security)

CX (A child), Re (Reporting restrictions order: National security) [2026] EWHC 994 (Fam) (29 April 2026)

The High Court allowed anonymised reporting and disclosure of documents from concluded child welfare proceedings, subject to redactions and reporting restrictions protecting privacy and national security.

• Reporting restrictions
• Open justice
• Disclosure of documents
• Children's welfare
• Freedom of expression
• Privacy

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Royal Mint Court Residents’ Association, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Ors

The Divisional Court refused permission on a planning statutory review ground, holding that national-security mitigation measures were not a mandatory material consideration.

• Material considerations in planning
• Statutory review
• National security and planning
• Costs of mitigation measures
• Judicial review procedure
• Planning-law

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The Royal Mint Court Residents' Association, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Ors

The Royal Mint Court Residents' Association, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 958 (Admin) (28 April 2026)

The Divisional Court refused permission on a planning review ground challenging omission of national-security mitigation measures from a decision to grant embassy planning permission.

• Material considerations in planning
• National security and planning decisions
• Costs of mitigation measures
• Section 288 tcpa 1990 statutory review
• Judicial review procedure
• Planning-law

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Fahad Ansari, R (on the application of) v Chief Constable of North Wales Police & Anor

The AF (No. 3) disclosure standard does not apply because the proceedings challenge a search and retention of data, which is not a coercive measure imposing serious restrictions on liberty or property. The claimant's substantive legal position is not affected, and the case falls within the category of search and seizure cases where the special advocate regime and statutory closed material procedures suffice. Disclosure damaging to national security is not required.

Source excerpt

• Disclosure standards
• Closed material proceedings
• Article 6 echr
• Legal professional privilege
• Search and seizure

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Ammori, R (On the Application Of) v Secretary of State for the Home Department

Ammori, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 292 (Admin) (13 February 2026)

The High Court upheld much of the challenge framework but ultimately held the proscription decision unlawful on policy and human rights grounds, and proposed quashing the order.

• Proscription of organisations
• Procedural fairness
• Discretionary powers
• Freedom of expression
• Freedom of association
• Discrimination

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Fahad Ansari, R (on the application of) v Chief Constable of North Wales Police

The public interest in allowing the police to perform statutory functions outweighs the small risk of privileged material being improperly accessed, given the safeguards in place. Interim relief is refused as further disclosure is pending and the process for handling privileged material meets legal requirements.

Source excerpt

• Schedule 7 powers
• Privileged material
• Interim relief
• Disclosure standards
• Special advocate procedure

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In the matter of an application by the Secretary of State for Northern Ireland for Judicial Review

The Supreme Court held that a coroner erred in disclosing gists of PII-protected material. It allowed the appeal and held neither gist should be disclosed.

• Public interest immunity
• Coronial inquest
• Neither confirm nor deny policy
• European convention on human rights article 2
• Procedural fairness
• Judicial review standards

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Airwars v Information Commissioner & Anor

The Tribunal dismissed Airwars’ FOIA appeal for civilian-harm assessment documents concerning a March 2018 Syria strike, accepting exemptions for security, defence, relations, and privilege.

• Freedom of information act
• Civilian harm assessment
• Military operations
• Legal professional privilege
• International relations
• Freedom-of-information

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