Abdule & Ors v The Foreign and Commonwealth Office & Ors [2018] EWHC 3594 (QB) (21 December 2018)

Abdule & Ors v The Foreign and Commonwealth Office & Ors [2018] EWHC 3594 (QB) (21 December 2018)

The statutory conditions for a closed material procedure declaration under Justice and Security Act 2013 s.6 are satisfied: (1) the defendant would be required to disclose sensitive material, the disclosure of which would be damaging to national security; (2) it is in the interests of the fair and effective administration of justice to make the declaration, as no adequate alternatives exist. The court exercises its discretion to grant the declaration.

Citation
[2018] EWHC 3594
Parties
Claimant: Muna Abdule; Claimant: Aburahman Yusuf; Claimant: Nusayba Yusuf; Claimant: Ruwayba Yusuf; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office; Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
21 December 2018
Procedural Posture
Civil Tort Claim / Application for Closed Material Procedure Declaration Under Justice and Security Act 2013 S.6
Outcome
Application granted
Legal Topics
Closed Material Procedure, Public Interest Immunity, National Security, Tortious Liability of the State, Human Rights, Disclosure, Misfeasance in Public Office, False Imprisonment, Assault
Public Law National Security Law Tort Law Closed Material Procedure Public Interest Immunity National Security Tortious Liability of the State Human Rights +4 more

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Parties

Muna Abdule

Claimant

Aburahman Yusuf

Claimant

Nusayba Yusuf

Claimant

Ruwayba Yusuf

Claimant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

The Attorney General

Defendant

Procedural Posture

Civil Tort Claim / Application for Closed Material Procedure Declaration Under Justice and Security Act 2013 S.6

Legal Issues

  1. 1 Whether the statutory conditions for a closed material procedure declaration under Justice and Security Act 2013 s.6 are met
  2. 2 Whether sensitive material requiring protection for national security would be required to be disclosed
  3. 3 Whether it is in the interests of the fair and effective administration of justice to make a CMP declaration

Ratio Decidendi

The statutory conditions for a closed material procedure declaration under Justice and Security Act 2013 s.6 are satisfied: (1) the defendant would be required to disclose sensitive material, the disclosure of which would be damaging to national security; (2) it is in the interests of the fair and effective administration of justice to make the declaration, as no adequate alternatives exist. The court exercises its discretion to grant the declaration.

Court Disposition

Application granted

Orders

  • Declaration made that these proceedings are proceedings in which a closed material application may be made to the Court under Justice and Security Act 2013 s.6
  • Parties to consider directions for the next stage under s.8