Secretary of State for the Home Department & Anor v IAB & Ors, R (on the application of)

2 February 2024

[2024] EWCA Civ 66

Court of Appeal

The government was redacting the names of most civil servants from documents used in court cases. The court said this was wrong. The government must be open and honest in court, and hiding the names of civil servants makes it harder to understand what happened. Hiding names is only allowed in very special cases, like when there's a real safety risk.

Key Facts

•The case concerns the redaction of civil servants' names (below Senior Civil Service level) from disclosed documents in judicial review proceedings.
•The Appellants (Home Department and Levelling Up, Housing and Communities Secretaries of State) routinely redacted these names, citing concerns about confidentiality and potential harassment.
•The Respondents (Claimants) argued that this redaction practice violated the duty of candour.
•The First Instance Judge (Swift J) ruled against the Appellants, finding that routine redaction was impermissible.

Legal Principles

Duty of Candour

Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Ltd [2002] EWCA Civ 1409; Re Downes’ Application for Judicial Review [2006] NIQB 77; Lewis LJ, Judicial Remedies in Public Law (6th Edition, 2021)

Disclosure in Judicial Review

Tweed v Parades Commission for Northern Ireland [2007] 1 AC 650

Redaction in Civil Litigation

GE Capital Corporate Finance v The Bankers Trust [1995] 1 WLR 172; Shah v HSBC Private Bank (UK) Ltd [2011] EWCA Civ 1154

Open Justice

Scott v Scott [1913] AC 417; CPR 39.2(4)

Outcomes

Appeal dismissed.

The Court of Appeal upheld Swift J's decision, finding that routine redaction of civil servants' names below the Senior Civil Service level is impermissible in judicial review proceedings. The duty of candour requires transparency, and routine redaction undermines this principle. While redaction may be justified in exceptional circumstances (e.g., national security, personal safety), it cannot be a default position.

Secretary of State for the Home Department & Anor v IAB & Ors, R (on the application of)

Key Facts

Legal Principles

Outcomes

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