Duncan v Cammell Laird & Co Ltd
1942 · AC 624
Posted By lanbuk.com
- Facts
- HMS Thetis sank during trials in 1939, with the loss of ninety-nine lives. Dependants sued the builders and wanted disclosure of the submarine's plans and of documents about its construction and the contract with the Admiralty. The First Lord of the Admiralty swore that disclosure would injure national security.
- Issue
- Is a ministerial certificate that disclosure would harm national security conclusive?
- Held
- Yes, on the law as the House then stated it. Viscount Simon LC held that a court should not inspect the documents, and should accept the minister's objection.
- Principle
- , where the executive certifies that disclosure would harm national security, was treated as conclusive.
- Why it matters
- The account stops here. It adds that the Constitution of Sierra Leone 1991 recognises withholding in the public interest. Later English qualifications of Duncan are not the holding used here.
Words and Latin in this note
- Public interest immunity
- The rule that material is withheld where disclosure would harm the public interest, for example national security or the identity of an informer. On these notes, a minister's certificate can be conclusive. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.