Belhaj & Anor v Straw & Ors [2017] EWHC 1861 (QB) (21 July 2017)

Belhaj & Anor v Straw & Ors [2017] EWHC 1861 (QB) (21 July 2017)

The court held that the statutory preconditions for a section 6 declaration were met: the Secretary of State had considered public interest immunity, there was sensitive material requiring disclosure, and it was in the interests of the fair and effective administration of justice to make the declaration. The issues in the case were sufficiently identified by the statements of case and the general denial in the defences. The seriousness of the allegations and the public interest in open justice did not raise the threshold for a section 6 declaration. The application was granted.

Citation
[2017] EWHC 1861
Parties
Claimant: Abdul Hakim Belhaj; Claimant: Fatima Boudchar; Defendant: Rt Hon Jack Straw; Defendant: Sir Mark Allen CMG; Defendant: The Secret Intelligence Service; Defendant: The Security Service; Defendant: The Attorney General; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
21 July 2017
Procedural Posture
Civil Tort Claim / Application for Declaration Under Section 6 of the Justice and Security Act 2013
Outcome
Application granted
Legal Topics
Closed Material Procedure, Extraordinary Rendition, Torture, False Imprisonment, Misfeasance in Public Office, Negligence, Conspiracy to Injure, State Immunity, Foreign Act of State, Disclosure, Public Interest Immunity, Article 6 ECHR
Public Law Tort Law National Security Law Human Rights Law Closed Material Procedure Extraordinary Rendition Torture False Imprisonment +8 more

Case Brief

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Parties

Abdul Hakim Belhaj

Claimant

Fatima Boudchar

Claimant

Rt Hon Jack Straw

Defendant

Sir Mark Allen CMG

Defendant

The Secret Intelligence Service

Defendant

The Security Service

Defendant

The Attorney General

Defendant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

Procedural Posture

Civil Tort Claim / Application for Declaration Under Section 6 of the Justice and Security Act 2013

Legal Issues

  1. 1 Whether the proceedings are suitable for a closed material procedure under section 6 of the Justice and Security Act 2013
  2. 2 Whether the statutory preconditions for a section 6 declaration are met, including the existence of sensitive material and the interests of the fair and effective administration of justice
  3. 3 Whether the Secretary of State has properly considered public interest immunity as required by section 6(7)

Ratio Decidendi

The court held that the statutory preconditions for a section 6 declaration were met: the Secretary of State had considered public interest immunity, there was sensitive material requiring disclosure, and it was in the interests of the fair and effective administration of justice to make the declaration. The issues in the case were sufficiently identified by the statements of case and the general denial in the defences. The seriousness of the allegations and the public interest in open justice did not raise the threshold for a section 6 declaration. The application was granted.

Court Disposition

Application granted

Orders

  • Declaration made that these are proceedings in which a closed material application may be made pursuant to section 6 of the Justice and Security Act 2013