The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note should be read in conjunction with Practice Note: Closed Material Procedure.
A party may object to disclosure and/or inspection on the grounds that production of the document(s) would be injurious to the public interest. This objection is known as an objection on the grounds of public interest immunity (PII).
The objection on the grounds of PII differs from other forms of 'privilege' in that the objection may encompass the very disclosure of the existence of documents, as well as their production. Moreover, it is an objection for the protection of the public interest (rather than the protection of any individual litigant’s privilege per se) (Science Research Council v Nasse).
The key question when considering an objection on the grounds of PII is whether the production of the documents concerned would so harm the public interest generally so as to justify withholding it, or them. When applying the test, it has to be balanced against the public interest that the administration of justice should not be frustrated. It is for the court, not the department or organ of central government (the executive), to decide whether to refuse or order disclosure on the grounds of public interest. However, the party asserting a PII objection to disclosure/inspection must itself follow the proper process before raising the objection.
Although an objection on the grounds
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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