McGartland & Anor v The Attorney General [2014] EWHC 2248 (QB) (08 July 2014)

McGartland & Anor v The Attorney General [2014] EWHC 2248 (QB) (08 July 2014)

The court held that the conditions for making a declaration under Section 6 were satisfied because sensitive material relating to protection methods and handler training was central to the issues and could not be disclosed without risking national security. The court also found it was in the interests of the fair and effective administration of justice to make the declaration, and declined to require the defendant to plead openly to the allegations at this stage.

Citation
[2014] EWHC 2248
Parties
Claimant: Martin McGartland; Claimant: Joanne Asher; Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Civil / Application for Declaration Under Section 6 of the Justice and Security Act 2013
Outcome
Declaration under Section 6 of the Justice and Security Act 2013 granted.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Disclosure, Fair Trial
National Security Civil Procedure Closed Material Procedure Public Interest Immunity Disclosure Fair Trial

Case Brief

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Parties

Martin McGartland

Claimant

Joanne Asher

Claimant

The Attorney General

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether a declaration under Section 6 of the Justice and Security Act 2013 should be made to permit use of closed material procedure
  2. 2 Whether the defendant should be required to plead openly and in detail to the specific allegations made against her

Ratio Decidendi

The court held that the conditions for making a declaration under Section 6 were satisfied because sensitive material relating to protection methods and handler training was central to the issues and could not be disclosed without risking national security. The court also found it was in the interests of the fair and effective administration of justice to make the declaration, and declined to require the defendant to plead openly to the allegations at this stage.

Court Disposition

Declaration under Section 6 of the Justice and Security Act 2013 granted.

Orders

  • Proposed order for further conduct of the case to be submitted in writing; court to decide on oral hearing if necessary.