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Legal News

: Current Awareness

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) - WLR Daily

By sally

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R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300

“In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court?s discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the court considered was not addressed either expressly or implicitly.”

WLR Daily, 2nd September 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Full post as published by Current Awareness on September 04, 2008 (boomark / email).

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