Abstract
it is sometimes said that lawyers are not interested in the truth, but only in what they can prove.1 Although they perhaps did not express it as bluntly, this was the view of the Court of Appeal and the majority in the House of Lords when they differed from Mr Justice Bingham (as he then was) in a case2 brought by Air Canada and other airlines against the Secretary of State for Trade. In that case the plaintiff airlines sought discovery from the Secretary of State of documents which in the airlines' view would demonstrate that the Secretary of State was acting unlawfully in giving certain financial directions to the British Airports Authority which had led to a massive increase in landing charges at Heathrow. At first instance the Judge had held that: ‘The concern of the court must surely be to ensure that the truth is elicited,...
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
