Reasonableness review and the Court of Appeal’s decision in the Prince Charles correspondence case

I have written before about the saga concerning the disclosure of so-called advocacy correspondence sent by Prince Charles to Government Departments: in particular, about the Upper Tribunal’s decision, holding that the correspondence had to be released under the Freedom of Information Act 2000; the Attorney-General’s subsequent decision to use the “veto” power under that Act … Continue reading

The Miranda case, the fair-balance test, and deference

The Divisional Court’s judgment in the David Miranda case—Miranda v Secretary of State for the Home Department [2014] EWHC 255 (Admin)—has already attracted a considerable amount of comment, including by Fiona de Londras, Rosalind English, Colin Murray, Carl Gardner and Jake Rowbottom. I want to highlight only one aspect of Laws LJ’s judgment (with which … Continue reading