Court refuses to quash decision partly based on privileged material (Ford v FSA)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment
• Application to quash the warning notice
• What to do with the privileged material held by the FSA
• Continuing involvement of FSA staff in the ongoing investigation
• Disclosure
• Preventing further dissemination and/or use of the privileged material

Article summary

The Administrative Court has refused to quash an FSA warning notice or give permission for judicial review even though it and the FSA’s investigation wrongfully referred to and relied, in part, on privileged material. It has also refused to restrain those aware of the content of the privileged material from being involved in the continuing FSA investigation and proceedings. In doing so it drew a distinction between exercising its discretion in a private law and a public law context. It also drew attention to the duties of a public body and the importance of public interest issues.