CC, R (on the application of) v Secretary of State for Defence

CC, R (on the application of) v Secretary of State for Defence

The hearing must be held entirely in private because any public proceedings would risk disclosure of sensitive national security information, defeat the object of the hearing, and compromise the defendant's NCND policy. There is no less intrusive alternative that would adequately protect the relevant interests, and the public interest in open justice can be met by a subsequent open judgment.

Parties
Claimant: CC; Defendant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Interlocutory Application for Private Hearing
Outcome
Application granted; the hearing will be held entirely in private.
Legal Topics
Open Justice, National Security, Freedom of Expression, Private Hearings, Judicial Review Procedure
Constitutional Law Administrative Law Human Rights Law Open Justice National Security Freedom of Expression Private Hearings Judicial Review Procedure

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Parties

CC

Claimant

Secretary of State for Defence

Defendant

Procedural Posture

Judicial Review / Interlocutory Application for Private Hearing

Legal Issues

  1. 1 Whether the substantive judicial review hearing should be held in private under CPR 39.2
  2. 2 Whether national security and confidentiality justify departure from open justice
  3. 3 Whether any part of the hearing can be held in public without risk to national security

Ratio Decidendi

The hearing must be held entirely in private because any public proceedings would risk disclosure of sensitive national security information, defeat the object of the hearing, and compromise the defendant's NCND policy. There is no less intrusive alternative that would adequately protect the relevant interests, and the public interest in open justice can be met by a subsequent open judgment.

Court Disposition

Application granted; the hearing will be held entirely in private.

Orders

  • The substantive judicial review hearing shall be held in private pursuant to CPR 39.2.
  • The order will be published on the Judiciary of England and Wales website.