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Free expression—Administrative Court shows its reluctance to grant interim orders preventing publication (R (on the application of Barking & Dagenham College) v Office for Students)

Published on: 17 October 2019
Published by: LexisPSL
  • Free expression—Administrative Court shows its reluctance to grant interim orders preventing publication (R (on the application of Barking & Dagenham College) v Office for Students)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Local Government analysis: This case concerns the circumstances in which the Administrative Court will impose an interim order restraining the publication of information. The Office for Students (OFS) produced a decision refusing to admit Barking and Dagenham College (the college) onto its register of higher education institutions. The college issued judicial review proceedings challenging the decision. The college applied for an interim order preventing the OFS from publishing the decision as the college feared the reputational damage which would be caused and the impact which the decision would have on current students. The court had to decide how to apply section 12(3) of the Human Rights Act 1998 (HRA 1998) (which provides that an interim order preventing publication should only be granted if the applicant is likely to establish that publication should not be allowed) and how the various factors relied on by the college should be balanced. Written by Alexander Campbell, barrister, at Field Court Chambers. or take a trial to read the full analysis.

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