Al Rawi & Ors v Security Service & Ors

Al Rawi & Ors v Security Service & Ors

It is not open to a court in England and Wales, in the absence of statutory power or party agreement, to order a closed material procedure in relation to the trial of an ordinary civil claim, such as a claim for damages for tort or breach of statutory duty, as this would undermine fundamental principles of fairness, open justice, and the right to know the case against oneself.

Parties
Appellant: Bisher Al Rawi; Appellant: Jamil El Banna; Appellant: Richard Belmar; Appellant: Omar Deghayes; Appellant: Binyam Mohamed; Appellant: Martin Mubanga; Respondent: The Security Service; Respondent: The Secret Intelligence Service; Respondent: The Attorney General; Respondent: The Foreign & Commonwealth Office; Respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
04 May 2010
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Closed Material Procedure, Public Interest Immunity, Right to Fair Trial, Open Justice, Disclosure, Civil Damages, National Security
Civil Procedure Constitutional Law Human Rights Closed Material Procedure Public Interest Immunity Right to Fair Trial Open Justice Disclosure +2 more

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Parties

Bisher Al Rawi

Appellant

Jamil El Banna

Appellant

Richard Belmar

Appellant

Omar Deghayes

Appellant

Binyam Mohamed

Appellant

Martin Mubanga

Appellant

The Security Service

Respondent

The Secret Intelligence Service

Respondent

The Attorney General

Respondent

The Foreign & Commonwealth Office

Respondent

The Home Office

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a court in England and Wales can, absent statutory authority or party agreement, order a closed material procedure for part or all of a civil trial for damages in tort and breach of statutory duty.

Ratio Decidendi

It is not open to a court in England and Wales, in the absence of statutory power or party agreement, to order a closed material procedure in relation to the trial of an ordinary civil claim, such as a claim for damages for tort or breach of statutory duty, as this would undermine fundamental principles of fairness, open justice, and the right to know the case against oneself.

Court Disposition

appeal allowed

Orders

  • The claimants' appeal is allowed.
  • It is declared that, absent statutory authority or party agreement, a closed material procedure cannot be ordered in ordinary civil claims.