The applicants were seeking to appeal historic convictions based on new evidence that alleged that persons connected with their convictions were undercover police officers. No issue arose as to ruling on disclosure at the time of trial because there was no suggestion that any rulings had been made by the trial judge. The Court of Appeal had to consider how to approach the disclosure exercise for the purposes of the appeal. That exercise potentially involved a significant amount of material that already existed, alongside further material that may arise in the near future. The disclosure exercise for the appeal was therefore likely to be an ongoing exercise potentially considering a large amount of material. The Court considered the ruling in R v McDonald  EWCA Crim 2614, which suggested that disclosure issues for an appeal would require the full constitution of the Court. Significantly. whether that meant that in exercising any powers of disclosure under the Criminal Appeal Act 1968, s 23, the full constitution of the Court hearing the final appeal had to consider and rule on all issues of disclosure leading up to that appeal.
Matthew Ryder QC was involved in this case.
 EWCA Crim 37https://www.matrixlaw.co.uk/wp-content/uploads/2017/02/R-v-Clarke-Anor.doc