JUSTICE intervened on a single issue in the case: the redaction of the names of ‘junior civil servants’ by the Government from documents disclosed in judicial review proceedings. The term ‘junior civil servant’ is a broad one, and may include political Special Advisors, who are classed as temporary civil servants.
In the case, the Government proposed to redact routinely any names outside the senior civil service from documents disclosed in judicial review proceedings; a policy which risked hiding the names of external contractors and political Special Advisors as well as that of junior civil servants. Judicial review is one of the central ways people can challenge the Government’s decisions.
Our most senior courts have repeatedly stressed that the greatest threat to open justice arises from the courts creating new exceptions to transparency by changing court practices – exactly what the Government was attempting in this case.
In our submissions, JUSTICE suggested that the correct approach to such redactions is on a case-by-case basis using a two stage process:
On 17 November 2023, the Court ruled against the Government and in line with JUSTICE’s submissions.
Key findings:
The Court agreed. The judge, Sir Jonathan Swift, held that routinely hiding details that would aid understanding of documents is antithetical to this duty of candour, and such routine redaction could risk undermining confidence that appropriate legal scrutiny is taking place under fair conditions.
JUSTICE is grateful for the pro bono representation of Freshfields Bruckhaus Deringer LLP and Guy Vassall-Adams KC (Matrix Chambers).
In January 2024, the Government appealed to the Court of Appeal against the High Court's decision. JUSTICE’s submissions focused on the impact of the redaction practice on the fundamental constitutional principle of open justice. Read our press release here.
The Court of Appeal dismissed the Government's appeal. Read the judgement here.
Read the judgment here.
Read our press releases:
Announcing the intervention
Announcing the judgment