(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the defendant failing to provide records to allow the claim. The defendant has issued a certificate under the 1947 Act.
Held: The respondent had failed to give sufficient access to records to allow the claimant to pursue his case.
However, the Grand Chamber unanimously dismissed the submission that Article 10 could be interpreted to provide the applicant with any right of access to documents held in Government records. The Court said: ‘The Court recalls its conclusion in the Leander v Sweden judgment and in the above-cited Gaskin case and, more recently, confirmed in the above-cited Guerra judgment, that the freedom to receive information ‘prohibits a Government from restricting a person from receiving information that others wish or may be willing to impart to him’ and that that freedom ‘cannot be construed as imposing on a State, in circumstances such as those of the present case, positive obligations to . . disseminate information of its own motion’. It sees no reason not to apply this established jurisprudence.
There has thus been no interference with the applicant’s right to receive information as protected by Art.10.’
Wildhaber P
32555/96, Times 27-Oct-2005, [2008] ECHR 926, (2006) 42 EHRR 30, [2005] ECHR 956, ECLI:CE:ECHR:2005:1019JUD003255596
Bailii, Bailii
Crown Proceedings Act 1947 10, European Convention on Human Rights 810
Human Rights
Citing:
Cited – Lane v Esdaile HL 5-May-1891
The court considered the extent of the House’s jurisdiction as an appellate court. Section 3 of the 1876 Act provided that an appeal should lie to the House of Lords from ‘any order or judgment of . . Her Majesty’s Court of Appeal in England’. The . .
Cited – In re Housing of the Working Classes Act 1890, Ex parte Stevenson CA 1892
A party had applied to a judge for what in effect amounted to leave to appeal and had been refused.
Held: Wherever power is given to a legal authority to grant or refuse leave to appeal, the decision of that authority is, from the very nature . .
Cited – Bland v Chief Supplementary Benefit Officer CA 1983
(Orse R(SB) 12/83)) The commissioner refused had leave to appeal against a decision of the Supplementary Benefit Appeal Tribunal.
Held: No appeal lay to it against a decision of a Commissioner refusing leave to appeal from a decision of an . .
Cited – McGinley And Egan v The United Kingdom ECHR 9-Jun-1998
ECHR Judgment (Merits) – Preliminary objection allowed (non-exhaustion); No violation of Art. 6-1; No violation of Art. 8; Not necessary to examine Art. 13. . .
Cited – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Cited – McGinley and Egan v The United Kingdom (Revision) ECHR 28-Jan-2000
. .
Cited – Mcginley and Egan v United Kingdom ECHR 9-Jun-1998
Failure to disclose medical records of damages applicants and military records did not amount to a denial of access to justice nor breach of right of privacy.
Hudoc Preliminary objection joined to merits . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited by:
Cited – Kennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Information
Updated: 09 November 2021; Ref: scu.231398