Abd Al-Rahim Al-Nashiri v Security Service & Ors

Abd Al-Rahim Al-Nashiri v Security Service & Ors

The Tribunal's 7 September 2020 decision to extend time was substantive and final, made after giving the Respondents an opportunity to object. The complaint, though delayed, arose from substantially the same facts as the original claim and the delay was justified by the Complainant's circumstances. It is equitable and in the public interest to permit the amendment and allow the complaint to proceed.

Parties
Complainant: Abd Al-Rahim Al Nashiri; Respondent: Security Service; Respondent: Secret Intelligence Service; Respondent: Government Communications Headquarters; Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
27 October 2023
Procedural Posture
Complaint Under Regulation of Investigatory Powers Act 2000 / Application for Permission to Amend Pleading
Outcome
Application for permission to amend pleading granted
Legal Topics
Time Limits for Complaints, Amendment of Pleadings, Jurisdiction Under RIPA, Extension of Time, Procedural Fairness
Human Rights Law National Security Law Administrative Law Time Limits for Complaints Amendment of Pleadings Jurisdiction Under RIPA Extension of Time Procedural Fairness

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Parties

Abd Al-Rahim Al Nashiri

Complainant

Security Service

Respondent

Secret Intelligence Service

Respondent

Government Communications Headquarters

Respondent

Ministry of Defence

Respondent

Procedural Posture

Complaint Under Regulation of Investigatory Powers Act 2000 / Application for Permission to Amend Pleading

Legal Issues

  1. 1 Whether the Tribunal's 7 September 2020 decision to extend time was final or interim
  2. 2 Whether permission should be granted to amend the pleading to include a complaint under section 65(2)(b) of RIPA
  3. 3 Whether it is equitable to extend time for the complaint given the delay

Ratio Decidendi

The Tribunal's 7 September 2020 decision to extend time was substantive and final, made after giving the Respondents an opportunity to object. The complaint, though delayed, arose from substantially the same facts as the original claim and the delay was justified by the Complainant's circumstances. It is equitable and in the public interest to permit the amendment and allow the complaint to proceed.

Court Disposition

Application for permission to amend pleading granted

Orders

  • Permission granted to amend the pleading to include a complaint under section 65(2)(b) of RIPA with modifications set out in the Annex to the Respondents’ submissions dated 18 September 2023