Mohammed v Ministry of Defence

Mohammed v Ministry of Defence

The interests of justice do not require the appointment of a special advocate in this case because the number of documents is small, the grounds for PII are well established, some claims have already been upheld, and the claimant is already in possession of unredacted documents. There is nothing exceptional about...

Source-derived case information.

Parties
Claimant: Serdar Mohammed; Defendant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
13 November 2013
Procedural Posture
Civil / Ruling on Application for Appointment of Special Advocate for PII Hearing
Outcome
Application for appointment of special advocate refused
Legal Topics
Public Interest Immunity, Special Advocates, Disclosure, Judicial Review
Public Law Civil Procedure Public Interest Immunity Special Advocates Disclosure Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Serdar Mohammed

Claimant

Ministry of Defence

Defendant

Procedural Posture

Civil / Ruling on Application for Appointment of Special Advocate for PII Hearing

Legal Issues

  1. 1 Whether the interests of justice require the appointment of a special advocate to assist the court in determining claims for public interest immunity (PII)

Ratio Decidendi

The interests of justice do not require the appointment of a special advocate in this case because the number of documents is small, the grounds for PII are well established, some claims have already been upheld, and the claimant is already in possession of unredacted documents. There is nothing exceptional about the case to justify the appointment.

Court Disposition

Application for appointment of special advocate refused

Orders

  • The claimant's request for the court to invite the Attorney General to appoint a special advocate is declined.