Bilfinger Construction UK Ltd v Lord Hardie of Blackford QC

Public inquiry – Restriction order – Confidential information. Court of Session: In proceedings in which the petitioner, a participant in a public inquiry, which had requested a restriction order preventing publication of allegedly confidential information in documents it had produced to the inquiry, sought suspension of the chairman of the inquiry's decision to refuse its request and interdict against him or anyone on his behalf from publishing the confidential information in the documents, the court refused to grant interim suspension and interim interdict, holding that no prima facie case had been demonstrated that the respondent's decision to refuse the restriction order was irrational and unreasonable, and/or that it had no proper evidential basis, and/or that it failed to take into account relevant material, and/or that it was procedurally unfair.

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