- Richard GloverRichard GloverSenior Lecturer, School of Law, University of Wolverhampton
Abstract
This chapter first discusses the different rules governing public interest immunity and privilege, focusing on the waiver of the right to withhold and the use of secondary evidence if the original is immune from production and inadvertent disclosure. It then turns to public interest in both civil and criminal cases, covering applications to withhold material subject to public interest immunity; ‘affairs of state’ cases; whether the court can question the claim to withhold and by what criteria the claim to withhold should be judged; closed material procedures; the use of methods such as redaction to minimise the effect of a refusal to disclose documents; information given for the detection of crime, etc.; and confidentiality.
