R v Lord Saville of Newdigate ex p B (No 2) [2000] 1 WLR 1855

Court of Appeal

Facts: The case concerned the withdrawal of anonymity for former soldiers involved in the 1972 shootings during the Bloody Sunday inquiry. The Tribunal, led by Lord Saville, decided to withdraw anonymity for the soldiers, which they argued would endanger their lives, as they could be targeted by republican terrorists. The soldiers challenged the decision, arguing that their safety was at risk and that the Tribunal had not adequately considered their right to life.

Held: The Court of Appeal held that the decision to withdraw anonymity was flawed because the Tribunal did not sufficiently weigh the risks to the soldiers' safety. The court emphasized that when a decision could affect an individual’s right to life, a higher degree of justification was required. The Tribunal had paid insufficient attention to the fundamental right to life and the potential dangers posed by the withdrawal of anonymity.

Judicial Remarks (Lord Woolf, Para 32-33): Lord Woolf discussed the intensity of judicial scrutiny in cases where fundamental rights, such as the right to life, are at stake. He explained that while the Wednesbury standard typically applies, the threshold for judicial intervention is lowered when fundamental rights are involved. Courts are justified in intervening when a decision could have grave consequences, such as endangering an individual's safety.

💡Leveluplaw : This case highlights the importance of safeguarding fundamental rights, particularly the right to life, and demonstrates how judicial review can intensify when such rights are at risk.