McGartland & Anor v Secretary of State for the Home Department [2015] EWCA Civ 686 (14 July 2015)

McGartland & Anor v Secretary of State for the Home Department [2015] EWCA Civ 686 (14 July 2015)

The Court of Appeal held that the judge was entitled to make a section 6 declaration permitting closed material applications without first determining the Secretary of State's entitlement to rely on the NCND policy. The statutory framework allows for such a declaration where the conditions are met, and the court's ongoing duty to review the declaration provides adequate safeguards. The claimants' application regarding NCND could properly be considered as part of the section 6 proceedings, and the judge's approach was within his discretion.

Citation
[2015] EWCA Civ 686
Parties
Claimant/appellant: Martin McGartland; Claimant/appellant: Joanne Asher; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
14 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Closed Material Procedure, Neither Confirm Nor Deny Policy (ncnd), Justice and Security Act 2013, Disclosure, Open Justice, Public Interest Immunity
Public Law National Security Civil Procedure Closed Material Procedure Neither Confirm Nor Deny Policy (ncnd) Justice and Security Act 2013 Disclosure Open Justice +1 more

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Parties

Martin McGartland

Claimant/appellant

Joanne Asher

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the court should have determined the Secretary of State's entitlement to rely on the NCND policy before making a section 6 declaration under the Justice and Security Act 2013
  2. 2 Whether the conditions for a section 6 declaration permitting closed material applications were met
  3. 3 Whether a closed material procedure was justified in the circumstances of the case

Ratio Decidendi

The Court of Appeal held that the judge was entitled to make a section 6 declaration permitting closed material applications without first determining the Secretary of State's entitlement to rely on the NCND policy. The statutory framework allows for such a declaration where the conditions are met, and the court's ongoing duty to review the declaration provides adequate safeguards. The claimants' application regarding NCND could properly be considered as part of the section 6 proceedings, and the judge's approach was within his discretion.

Court Disposition

Appeal dismissed

Orders

  • Section 6 declaration permitting closed material applications upheld
  • Claimants' application for an order requiring a full open defence dismissed, without prejudice to renewal after further case management steps