Belhaj & Anor v Straw & Ors

Belhaj & Anor v Straw & Ors

A declaration under section 6 of the Justice and Security Act 2013 is justified because sensitive material relevant to issues in the case would require disclosure, which would damage national security, and a closed material procedure is necessary for the fair and effective administration of justice. The statutory preconditions and conditions are satisfied, and no satisfactory alternative exists.

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 / Application for Declaration Under Section 6 of the Justice and Security Act 2013
Outcome
Declaration granted permitting closed material application under section 6 of the Justice and Security Act 2013.
Legal Topics
Closed Material Proceedings, Public Interest Immunity, Extraordinary Rendition, Torture, False Imprisonment, Misfeasance in Public Office, Negligence, Conspiracy to Injure
Civil Procedure National Security Human Rights Closed Material Proceedings Public Interest Immunity Extraordinary Rendition Torture False Imprisonment +3 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 / Application for Declaration Under Section 6 of the Justice and Security Act 2013

Legal Issues

  1. 1 Whether proceedings should permit a closed material application under section 6 of the Justice and Security Act 2013
  2. 2 Whether disclosure of sensitive material would damage national security
  3. 3 Whether a closed material procedure is necessary for fair and effective administration of justice

Ratio Decidendi

A declaration under section 6 of the Justice and Security Act 2013 is justified because sensitive material relevant to issues in the case would require disclosure, which would damage national security, and a closed material procedure is necessary for the fair and effective administration of justice. The statutory preconditions and conditions are satisfied, and no satisfactory alternative exists.

Court Disposition

Declaration granted permitting closed material application under section 6 of the Justice and Security Act 2013.

Orders

  • Declaration that these are proceedings in which a closed material application may be made to the court.