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 statutory criteria for a s.6 declaration under the Justice and Security Act 2013 are satisfied: the Secretary of State has considered PII, sensitive material exists which would require disclosure and would damage national security, and it is necessary for the fair and effective administration of justice to permit a closed material procedure. The court exercises its discretion to grant the declaration, as the issues raised require protection of sensitive material and no satisfactory alternative exists.

Citation
[2017] EWHC 1861 (QB)
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 Claim (tort) / Application for S.6 Declaration Under Justice and Security Act 2013
Outcome
Declaration granted permitting closed material applications under s.6 Justice and Security Act 2013.
Legal Topics
Closed Material Procedure, Public Interest Immunity, False Imprisonment, Misfeasance in Public Office, Conspiracy to Injure, Negligence, State Immunity, Foreign Act of State
Civil Procedure National Security Human Rights Tort Closed Material Procedure Public Interest Immunity False Imprisonment Misfeasance in Public Office +4 more

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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 Claim (tort) / Application for S.6 Declaration Under Justice and Security Act 2013

Legal Issues

  1. 1 Whether proceedings justify a closed material procedure under s.6 Justice and Security Act 2013
  2. 2 Whether sensitive material exists requiring protection for national security
  3. 3 Whether fair and effective administration of justice requires a s.6 declaration

Ratio Decidendi

The statutory criteria for a s.6 declaration under the Justice and Security Act 2013 are satisfied: the Secretary of State has considered PII, sensitive material exists which would require disclosure and would damage national security, and it is necessary for the fair and effective administration of justice to permit a closed material procedure. The court exercises its discretion to grant the declaration, as the issues raised require protection of sensitive material and no satisfactory alternative exists.

Court Disposition

Declaration granted permitting closed material applications under s.6 Justice and Security Act 2013.

Orders

  • Proceedings are declared to be proceedings in which a closed material application may be made.
  • Closed material applications to follow under s.8 Justice and Security Act 2013.