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Evidence, Practice and Procedure: Disclosure of confidential information: public interest immunity

Date:7 JUN 2013

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsDurham County Council v Dunn [2012] EWCA Civ 1654 is a case about a civil claim arising from alleged abuse of a person at a young people's centre; but for the family lawyer it operates on at least two levels alongside that:

First it provides summary of the rules on disclosure (CPR 1998 Part 31 and applicable FPR 2010 Part 21 and common law in family proceedings) as distinct from seeking information under Data Protection Act 1998; and why it is almost invariably more appropriate and effective to proceed under CPR 1998 Part 31 (especially once proceedings are issued). 

Secondly it provides a tour de force by Munby LJ on case law developments in public interest immunity and his assessment of what is now the modern law. (This was a day or two before judgement in the Supreme Court in Re A (A Child)[2012] UKSC 60...

Read the full article here.