McGartland & Anor v The Attorney General

McGartland & Anor v The Attorney General

The court is satisfied that sensitive material relating to protection methods and handler training meets the statutory conditions for a Section 6 declaration, and that such material is essential for fair and effective determination of the issues; therefore, a declaration under Section 6 is granted.

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 Closed Material Procedure Declaration
Outcome
Declaration under Section 6 of the Justice and Security Act 2013 granted.
Legal Topics
Closed Material Procedures, Public Interest Immunity, Fair Administration of Justice
National Security Civil Procedure Closed Material Procedures Public Interest Immunity Fair Administration of Justice

Case Brief

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Parties

Martin McGartland

Claimant

Joanne Asher

Claimant

The Attorney General

Defendant

Procedural Posture

Civil / Application for Closed Material Procedure Declaration

Legal Issues

  1. 1 Whether a declaration under Section 6 of the Justice and Security Act 2013 should be made to permit closed material procedures
  2. 2 Whether the defendant must plead openly and in detail to specific allegations as required by CPR 16.5
  3. 3 Whether sensitive material can be adequately protected by private hearings under CPR 39.2(3)(b)

Ratio Decidendi

The court is satisfied that sensitive material relating to protection methods and handler training meets the statutory conditions for a Section 6 declaration, and that such material is essential for fair and effective determination of the issues; therefore, a declaration under Section 6 is granted.

Court Disposition

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

Orders

  • Accompanying proposed order for further conduct of the case; submissions invited in writing; possible oral hearing before final order.