Shared Flashcard Set

Details

Freedom of Expression
Cases
7
Law
Undergraduate 1
05/19/2013

Additional Law Flashcards

 


 

Cards

Term
Art 10
Definition
Bowman v UK - £5 limit on electioneering = total barrier to expression
Observer + Guardian v UK - FoE is vital, proportionality test needs to be fulfilled.
Term
Official Secrets 1989
Definition
R v Shayler - public interest need not be implied and ban is not breach of Art 10 because decision makers are bound JR
R v Katherine Gun - neccessity defence eg. to avoid unlawful Iraq war
Spycatcher - previous publication can render non-damaging
Home Sec given parliamentary privelige for divulging intention to kidnap Ghandi
Term
Breach of Confidence
Definition
Spycatcher - L Goff: he who has notice of is held to have agreed info is confidential.. could issue injunction to protect AG's 10(2) interest
AG v Guardian N 2 - confidence can exist in contract or equity
AG v Jonathan Cape - court can restrain publication of cabinet ministers but nothing to worry about
Term
Public Interest
Definition
Campbell - Nicholls + Hale: D knew C expected privacy? Can be divulged to set record straight in PI.
Mosley v NGN - public interest not interesting to public
Term
Photos
Definition
Peck v UK - test is reasonable expectation by C
Campbell - public is private if increases distress/harm to C
Term
Freedom of Information
Definition
MPs expenses - actually less extensive than media leak??
Iraq Cabinet Meetings - not disclosed = minister has last word
Term
Information in Legal Proceedings
Definition
CC of W Midlands ex p Wiley - L Templeman: PI immunity can limit availability principle if v strong
Al-Rawi v Security Sevice - only Parliament can issue closed court with special advocates
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