Abdule & Ors v The Foreign and Commonwealth Office & Ors

Abdule & Ors v The Foreign and Commonwealth Office & Ors

The court found that the statutory preconditions for a CMP declaration were satisfied: sensitive material exists whose disclosure would be damaging to national security, and no satisfactory alternatives exist to a closed material procedure. It is in the interests of the fair and effective administration of justice to make the declaration.

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, Torture, False Imprisonment, Misfeasance in Public Office
Public Law National Security Law Tort Law Closed Material Procedure Public Interest Immunity National Security Torture False Imprisonment +1 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 preconditions for a Closed Material Procedure (CMP) declaration under Justice and Security Act 2013 s.6 are met
  2. 2 Whether sensitive material exists that would require disclosure and would be damaging to national security
  3. 3 Whether it is in the interests of the fair and effective administration of justice to make a CMP declaration

Ratio Decidendi

The court found that the statutory preconditions for a CMP declaration were satisfied: sensitive material exists whose disclosure would be damaging to national security, and no satisfactory alternatives exist to a closed material procedure. It is in the interests of the fair and effective administration of justice to make 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 regarding the s.8 application.