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 a Section 6 declaration were satisfied because sensitive material relating to the means of protection and training of handlers was central to the case and could not be disclosed without damaging national security. It was also in the interests of the fair and effective administration of justice to make the declaration, as the issues could not be justly determined without the sensitive material.

Citation
[2014] EWHC 2248 (QB)
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 closed material applications
  2. 2 Whether the defendant should be required to plead openly and in detail to the specific allegations made against her in the Particulars of Claim

Ratio Decidendi

The court held that the conditions for a Section 6 declaration were satisfied because sensitive material relating to the means of protection and training of handlers was central to the case and could not be disclosed without damaging national security. It was also in the interests of the fair and effective administration of justice to make the declaration, as the issues could not be justly determined without the sensitive material.

Court Disposition

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

Orders

  • Declaration permitting closed material applications granted under Section 6.
  • Submissions on the proposed order for further conduct of the case invited in writing.