of Lords unanimously reversed what it had unanimously held in 1942.
Privy Council prosecuted by Police for larceny.
claim for malicious prosecution.
attempt to prove malice, applied for discovery of 5 reports about himself in
parties wished this evidence to be produced.
Home Secretary imposed claim of ‘class’ privilege –
reports on conduct of Police Officers were class of documents production of
which would be against public interest.
of Lords ordered production of documents.
privilege may be granted on two grounds:
Would be against public interest to disclose contents of doc(s) in question.
Document belongs to class of documents
which ought to be withheld, regardless of whether there is anything in
particular document disclosure of which might be against public interest.
case concerns class claim.
has duty to weigh public interest of justice to litigants against public
interest asserted by government.