Al Rawi and others v The Security Service and others
The Supreme Court held that the common law does not permit courts to order a closed material procedure in ordinary civil claims for damages absent statutory authority, as such a procedure would fundamentally undermine open justice and natural justice; any change must be made by Parliament.
- Parties
- Respondents: Al Rawi and others; Appellants: The Security Service and others
- Jurisdiction
- England and Wales
- Judgment Date
- 13 July 2011
- Procedural Posture
- Civil Appeal / Supreme Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Closed Material Procedure, Public Interest Immunity, Open Justice, Natural Justice, Special Advocates, Fair Trial
Case Brief
Summary, issues, holding and outcome
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Parties
Al Rawi and others
Respondents
The Security Service and others
Appellants
Procedural Posture
Civil Appeal / Supreme Court Judgment
Legal Issues
- 1 Whether the court has power at common law to order a closed material procedure in civil claims for damages
- 2 Whether such power can be exercised absent statutory authority
- 3 Compatibility of closed material procedure with fundamental principles of open justice and natural justice
Ratio Decidendi
The Supreme Court held that the common law does not permit courts to order a closed material procedure in ordinary civil claims for damages absent statutory authority, as such a procedure would fundamentally undermine open justice and natural justice; any change must be made by Parliament.
Court Disposition
Appeal dismissed
Orders
- Court does not have power at common law to order a closed material procedure in ordinary civil claims for damages absent statutory authority
Full Case Text
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