Secretary of State for the Home Department v IM & Ors [2017] EWHC 376 (Admin) (28 February 2017)

Secretary of State for the Home Department v IM & Ors [2017] EWHC 376 (Admin) (28 February 2017)

The court granted the application for part of the evidence concerning a minor to be heard in private and redacted from other respondents, finding that the likely harm to the minor's privacy and well-being outweighed the principle of open justice in the specific circumstances, and that the application was limited and unopposed.

Citation
[2017] EWHC 376 (Admin)
Parties
Claimant: Secretary of State for the Home Department; Defendant: IM; Defendant: JM; Defendant: LG
Jurisdiction
England and Wales
Judgment Date
28 February 2017
Procedural Posture
Administrative Review of TPIM Measures / Case Management Hearing on Evidentiary Matters Prior to Substantive Review
Outcome
Application granted
Legal Topics
Open Justice, Privacy of Minors, TPIM (terrorism Prevention and Investigation Measures), Article 8 ECHR, Article 10 ECHR, Closed and Private Hearings
Administrative Law Human Rights Law Civil Procedure Open Justice Privacy of Minors TPIM (terrorism Prevention and Investigation Measures) Article 8 ECHR Article 10 ECHR +1 more

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Parties

Secretary of State for the Home Department

Claimant

IM

Defendant

JM

Defendant

LG

Defendant

Procedural Posture

Administrative Review of TPIM Measures / Case Management Hearing on Evidentiary Matters Prior to Substantive Review

Legal Issues

  1. 1 Whether part of the evidence concerning a minor should be heard in private and redacted from other respondents to protect the minor's privacy and well-being

Ratio Decidendi

The court granted the application for part of the evidence concerning a minor to be heard in private and redacted from other respondents, finding that the likely harm to the minor's privacy and well-being outweighed the principle of open justice in the specific circumstances, and that the application was limited and unopposed.

Court Disposition

Application granted

Orders

  • Part of the evidence concerning the minor to be heard in private.
  • Relevant written evidence to be redacted from JM and LG.