Conflict of Public Interests

Powell and another v Chief Constable of North Wales Constabulary (CA TLR 11 February)

When an issue of public interest immunity is raised, the court’s first duty is to weigh the public interest in preserving the immunity against the public interest that all relevant information which might assist a court to ascertain facts relevant to an issue on which the court is required to adjudicate should be before the court. Once the balance came down in favour of preserving the immunity from disclosure, then the court had no further discretion. It became a rule of law that the material had to be excluded from the case. The judge’s attempt in this case to devise some means whereby the information could be used, while preserving its anonymity, by directing that the evidence should be given in camera, was based on a misunderstanding that he had a residual discretion. In the circumstances he was obliged to rule the material inadmissible.