Commentary

A1.606 Disclosure of documents

Administration and compliance

A1.606 Disclosure of documents

A1.606 Disclosure of documents

Formerly, although the Crown had a right to full disclosure in proceedings brought by it or against it, of the other party's documents before trial, it could not be compelled to give disclosure1. But since the passing of the Crown Proceedings Act 1947, any immunity which the Crown enjoys in this respect now rests upon statutory enactment and not, as formerly, upon the Royal Prerogative. Disclosure may now be ordered against the Crown unless injurious to the public interest2, and this proviso as to the public interest now therefore constitutes the only ground on which disclosure

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