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been served with a notice of motion requesting discovery. Nevertheless it may be a sensible precaution to seek advice from Treasury counsel (John Laws and Stephen Richards appeared for the FCO in the fourth habeas corpus) as to the conduct of these proceedings, and in particular whether we ought to prepare a new PII certificate or be represented separately at the hearing.
7.
I said above that this matter is quite distinct from the booklets published by Kevin Cahill. The only possible link is that in the fourth application seeking PII for the nine documents which had been formerly disclosed, it was relevant that there had not been sufficient public dissemination of the documents to deprive them of the protection of public interest immunity. It could conceivably be argued on behalf of Osman that there has now been a greater degree of dissemination so that PII can no longer be claimed. I would expect the Court to have no sympathy for such an argument.
Nigel Parker
N D Parker
NPLABG
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