Yam, R (n the Application f) v Central Criminal Court & Anor

Yam, R (n the Application f) v Central Criminal Court & Anor

The court has jurisdiction and inherent power to make orders prohibiting disclosure of sensitive in camera material, including to the European Court of Human Rights, to protect national security. The right of access to courts is not absolute and may be limited for overriding public interest. Section 11 of the Contempt of Court Act and section 12 of the Administration of Justice Act support such orders. Domestic courts are not obliged to ensure compliance with international law obligations unless incorporated.

Parties
Claimant: Wang Yam; Defendant: Central Criminal Court; Interested Party: Attorney General
Jurisdiction
England and Wales
Judgment Date
31 October 2014
Procedural Posture
Judicial Review / Final Judgment After Permission Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Open Justice, National Security, Contempt of Court, Access to Courts, Reporting Restrictions, In Camera Proceedings, International Law Obligations
Constitutional Law Criminal Law Administrative Law Open Justice National Security Contempt of Court Access to Courts Reporting Restrictions +2 more

Case Brief

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Parties

Wang Yam

Claimant

Central Criminal Court

Defendant

Attorney General

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Permission Hearing

Legal Issues

  1. 1 Whether the order prohibiting disclosure of in camera material to the European Court of Human Rights breaches the claimant's right of access to courts
  2. 2 Whether the order places the UK in breach of its international law obligations under the European Convention on Human Rights
  3. 3 Whether the order was valid under section 11 of the Contempt of Court Act 1981

Ratio Decidendi

The court has jurisdiction and inherent power to make orders prohibiting disclosure of sensitive in camera material, including to the European Court of Human Rights, to protect national security. The right of access to courts is not absolute and may be limited for overriding public interest. Section 11 of the Contempt of Court Act and section 12 of the Administration of Justice Act support such orders. Domestic courts are not obliged to ensure compliance with international law obligations unless incorporated.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission for judicial review granted
  • Application for judicial review dismissed