Interim Relief

October 11th, 2019 by James Goudie KC

In R ( BARKING AND DAGENHAM COLLEGE ) v OFFICE FOR STUDENTS (2019) EWHC 2667 ( Admin) Chamberlain J addressed the proper approach to the grant of interim relief, and in particular interim relief to restrain publication by a public authority. He said, at para 35, that the right of a section of the public to receive information which a public authority wishes to communicate to them in what it regards as the public interest must carry very substantial weight in the balancing exercise. He said, at para 37, that the authorities rightly impose a high hurdle : “ pressing grounds “; “ the most exceptional circumstances” or “ exceptional circumstances” for the grant of interim relief to restrain publication of a report by a public authority. He said, at para 39, that it is difficult to see why the strength of the public interest in favour of publication should depend on whether the public authority is acting pursuant to a duty or a power.

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