Abdule & Ors v The Foreign And Commonwealth Office & Ors (national security - jurisdiction and status) [2018] EWHC 692 (QB) (28 March 2018)

Abdule & Ors v The Foreign And Commonwealth Office & Ors (national security - jurisdiction and status) [2018] EWHC 692 (QB) (28 March 2018)

The Master has jurisdiction to make directions under s.6 of the Justice and Security Act 2013 as proceedings before a Master are proceedings before the High Court, and the relevant acts are provided for in the Civil Procedure Rules. Given the exceptional nature of closed material procedures and the need to protect fair trial rights, the Defendants are ordered to serve a draft CLOSED defence and, as far as possible, an OPEN defence prior to the s.6 hearing. However, the substantive s.6 application should be released to a puisne judge due to the lack of closed facilities and the public interest in such matters being heard by appropriately experienced judges.

Citation
[2018] EWHC 692 (QB)
Parties
Claimant: Ms Muna Abdule; Claimant: Aburahman Yusuf; Claimant: Miss Nusaba Yusuf; Claimant: Miss Ruwayda Yusuf; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office; Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Civil Claim for Assault, False Imprisonment, and Misfeasance in Public Office / Interlocutory Application for Directions Prior to S.6 Justice and Security Act 2013 Hearing
Outcome
Application granted in part; directions made for service of draft CLOSED and OPEN defences; case released to a puisne judge for substantive s.6 hearing.
Legal Topics
Closed Material Procedure, Jurisdiction of Masters, Article 6 ECHR, Service of Defence, Justice and Security Act 2013, Open Justice, Judicial Office Holders
Civil Procedure National Security Law Human Rights Law Tort Law Public Law Closed Material Procedure Jurisdiction of Masters Article 6 ECHR +4 more

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Parties

Ms Muna Abdule

Claimant

Aburahman Yusuf

Claimant

Miss Nusaba Yusuf

Claimant

Miss Ruwayda Yusuf

Claimant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

The Attorney General

Defendant

Procedural Posture

Civil Claim for Assault, False Imprisonment, and Misfeasance in Public Office / Interlocutory Application for Directions Prior to S.6 Justice and Security Act 2013 Hearing

Legal Issues

  1. 1 Whether the Defendants should be ordered to serve a draft CLOSED defence and an OPEN defence prior to the s.6 JSA 2013 hearing
  2. 2 Whether a Master has jurisdiction to hear a s.6 JSA 2013 application or must release to a puisne judge
  3. 3 Whether, if jurisdiction exists, the Master should exercise discretion to release the case

Ratio Decidendi

The Master has jurisdiction to make directions under s.6 of the Justice and Security Act 2013 as proceedings before a Master are proceedings before the High Court, and the relevant acts are provided for in the Civil Procedure Rules. Given the exceptional nature of closed material procedures and the need to protect fair trial rights, the Defendants are ordered to serve a draft CLOSED defence and, as far as possible, an OPEN defence prior to the s.6 hearing. However, the substantive s.6 application should be released to a puisne judge due to the lack of closed facilities and the public interest in such matters being heard by appropriately experienced judges.

Court Disposition

Application granted in part; directions made for service of draft CLOSED and OPEN defences; case released to a puisne judge for substantive s.6 hearing.

Orders

  • Defendants to serve a draft CLOSED defence and, as far as can be pleaded, an OPEN defence prior to the s.6 hearing.
  • Proceedings to be released for hearing before a full puisne judge of the High Court in a closed court.