Does the withholding of documents constitute “rule of law” in English legislation?
Saskatchewan, Canada
The following excerpt is from Northern Pines Enterprises Limited v. Saskatchewan (Government), 1986 CanLII 2967 (SK QB):
In Conway v. Rimmer, [1968] 1 All E.R. 874, Lord Pearce at p. 908 said in reference to the English legislation: ...[B]ut it does not create any particular rule of law. It merely preserves in the operation of the section whatever may from time to time be the court’s rule of law for the withholding of documents. It affirms nothing as to what that rule of law shall be or how it shall be operated.”
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