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28 July 2023 / Athelstane Aamodt
Issue: 8035 / Categories: Features , Media , Freedom of Information
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‘That’s classified!’

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As events in the US bring classified documents out of the shadows, Athelstane Aamodt shines a light on government secrecy

We’ve all seen it. That bit in a film when a plucky reporter asks about the existence of a rumoured secret black-ops mission that appears to have killed a lot of innocent civilians during their mission and for which they have gone undetected and unpunished. ‘That’s classified’, replies the aloof official, peremptorily ending the conversation.

The classification of documents by governments has become topical in recent months: Presidents Donald Trump and Joe Biden, and Vice-President Mike Pence, have been found to have classified documents in their homes. Thus far only Donald Trump has been indicted, and he has entered ‘not guilty’ pleas to 37 federal charges of document mishandling.

There is always something a little disconcerting about certain pieces of information being ‘classified’. Democracies, that are after all (at least notionally) founded on principles of transparency and openness, appear to be acting against their own nature by preventing their citizens from seeing all

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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