K & Ors, R (on the application of) v The Secretary of State for Defence & Anor [2016] EWCA Civ 1149 (23 November 2016)

K & Ors, R (on the application of) v The Secretary of State for Defence & Anor [2016] EWCA Civ 1149 (23 November 2016)

The resolution of the claimants' public law claims constitutes a determination of civil rights under Article 6 ECHR, requiring further disclosure for a fair hearing. Article 6 applies in principle, but Articles 2, 3, and 8 ECHR do not apply as the claimants were not within UK jurisdiction when alleged breaches occurred.

Citation
[2016] EWCA Civ 1149
Parties
Appellants: The Queen on the Application of K & Ors; Respondents: The Secretary of State for Defence & Anr; Special Advocates: Special Advocates: Mr Kieron Beal QC & Mr Zubair Ahmad
Jurisdiction
England and Wales
Judgment Date
23 November 2016
Procedural Posture
Procedural Appeal / Court of Appeal Judgment on Appeal From High Court, Administrative Court
Outcome
Appeal allowed in relation to Article 6 ECHR; case remitted for further directions.
Legal Topics
Disclosure of Sensitive Material, Article 6 ECHR (right to Fair Hearing), Jurisdiction Under ECHR, Closed Material Procedures, Civil Rights Determination
Public Law Human Rights Civil Procedure Disclosure of Sensitive Material Article 6 ECHR (right to Fair Hearing) Jurisdiction Under ECHR Closed Material Procedures Civil Rights Determination

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Parties

The Queen on the Application of K & Ors

Appellants

The Secretary of State for Defence & Anr

Respondents

Special Advocates: Mr Kieron Beal QC & Mr Zubair Ahmad

Special Advocates

Procedural Posture

Procedural Appeal / Court of Appeal Judgment on Appeal From High Court, Administrative Court

Legal Issues

  1. 1 Whether public law claims constitute determination of civil rights under Article 6 ECHR
  2. 2 Whether further disclosure is required for a fair hearing
  3. 3 Whether Articles 2, 3, and 8 ECHR apply to claimants outside UK jurisdiction

Ratio Decidendi

The resolution of the claimants' public law claims constitutes a determination of civil rights under Article 6 ECHR, requiring further disclosure for a fair hearing. Article 6 applies in principle, but Articles 2, 3, and 8 ECHR do not apply as the claimants were not within UK jurisdiction when alleged breaches occurred.

Court Disposition

Appeal allowed in relation to Article 6 ECHR; case remitted for further directions.

Orders

  • Proceedings remitted to Divisional Court for directions hearing on expedited basis.
  • Respondents to pay 60% of Appellants' reasonable costs of appeal, subject to detailed assessment if not agreed.