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England and Wales High Court (Family Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> C (A Child), Re [2016] EWHC 3171 (Fam) (08 December 2016) URL: http://www.bailii.org/ew/cases/EWHC/Fam/2016/3171.html Cite as: [2016] EWHC 3171 (Fam), [2017] WLR(D) 4, [2017] 1 FLR 1665, [2017] 4 WLR 19 |
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FAMILY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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The London Borough of Tower Hamlets |
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- and - |
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M |
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and |
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F |
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and |
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C (a child by his guardian ad litem) |
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and |
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The Secretary of State for the Home Department |
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Re: C (A Child) |
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Alex Verdan QC and Chris Barnes (instructed by FMW Law) for the mother
Kieran Pugh (instructed by Warrens Family Law) for the father
Tim Parker (instructed by Gary Jacobs & Co) for the Children's Guardian
Marina Wheeler QC for the Secretary of State for the Home Department
Hearing date: 2 December 2016
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Crown Copyright ©
Mrs Justice Pauffley :
Introduction
Essential background
Orders for disclosure against the SSHD
Key stages in the SSHD's decision as to whether to claim PII or seek a closed material procedure (CMP)
"If a document is relevant and material then it must be disclosed … unless a breach of confidentiality will cause harm to the public interest which outweighs the harm to the interests of justice caused by non-disclosure" per Lord Templeman in R v. CC (West Midlands) ex parte Wiley [1995] 1AC 274 at 281F.
The arguments advanced on behalf of the SSHD
1. Failure to adhere to the Guidance – inappropriately wide request; insufficient notification as to issues; order made without notice
2. Failure to comply with FPR r.21.2(3) or have regard to the Guidance - necessity
3. Assessment underpinning the refusal to issue a passport
Finally