McGartland & Anor v Secretary of State for the Home Department

McGartland & Anor v Secretary of State for the Home Department

The judge was entitled to make a section 6 declaration permitting closed material applications before deciding the NCND issue, as the conditions for such a declaration were met in relation to sensitive material concerning operational methodology and agent handling. The process under the Act provides for ongoing review and appropriate safeguards, and the case management decision was within the judge's discretion.

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, Public Interest Immunity, Open Justice, Case Management
National Security Civil Procedure Closed Material Procedure Neither Confirm Nor Deny Policy Public Interest Immunity Open Justice Case Management

Case Brief

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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 judge erred in making a section 6 declaration under the Justice and Security Act 2013 permitting closed material applications before deciding the Secretary of State's entitlement to rely on the Neither Confirm Nor Deny (NCND) policy.
  2. 2 Whether the conditions for a section 6 declaration were met in the circumstances of the case.

Ratio Decidendi

The judge was entitled to make a section 6 declaration permitting closed material applications before deciding the NCND issue, as the conditions for such a declaration were met in relation to sensitive material concerning operational methodology and agent handling. The process under the Act provides for ongoing review and appropriate safeguards, and the case management decision was within the judge's discretion.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.