Kamoka & Ors v The Security Service & Ors [2016] EWHC 769 (QB) (15 April 2016)

Kamoka & Ors v The Security Service & Ors [2016] EWHC 769 (QB) (15 April 2016)

The claims, insofar as they seek to challenge decisions already made in SIAC and Control Order proceedings, constitute a collateral attack on final decisions of courts of competent jurisdiction and are therefore an abuse of process. There was no suppression of evidence by the defendants; disclosure obligations were met, and the issues raised by claimants were considered in the prior proceedings. The use of closed material procedures does not negate the application of the abuse of process doctrine.

Citation
[2016] EWHC 769
Parties
Claimant: Ismail Kamoka; Claimant: Ziad Ali Hashem; Claimant: Abdel Nasser Bourouag; Claimant: Khaled Abusalama Al Allaqi; Claimant: Alia Bibi Hassan (Administratrix for the Estate of Faraj Hassan Al-Saadi); Defendant: The Security Service; Defendant: The Secret Intelligence Service; Defendant: The Attorney General; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
15 April 2016
Procedural Posture
Civil / Application to Strike Out Claims as Abuse of Process
Outcome
Claims struck out as abuse of process in relation to Control Order proceedings for all claimants and SIAC proceedings for C2 and C5; C1, C3, and C4 given short period to seek to distinguish their cases if desired.
Legal Topics
Abuse of Process, Disclosure, Closed Material Procedures, False Imprisonment, Misfeasance in Public Office, Control Orders, Deportation, Special Advocates
Public Law National Security Human Rights Civil Procedure Abuse of Process Disclosure Closed Material Procedures False Imprisonment +4 more

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Parties

Ismail Kamoka

Claimant

Ziad Ali Hashem

Claimant

Abdel Nasser Bourouag

Claimant

Khaled Abusalama Al Allaqi

Claimant

Alia Bibi Hassan (Administratrix for the Estate of Faraj Hassan Al-Saadi)

Claimant

The Security Service

Defendant

The Secret Intelligence Service

Defendant

The Attorney General

Defendant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

Procedural Posture

Civil / Application to Strike Out Claims as Abuse of Process

Legal Issues

  1. 1 Whether the claims constitute an abuse of process under the Hunter doctrine
  2. 2 Whether there was suppression of evidence or breach of duty of candour by the defendants
  3. 3 Whether the claimants had a fair opportunity to contest the decisions in prior proceedings given the use of closed material procedures

Ratio Decidendi

The claims, insofar as they seek to challenge decisions already made in SIAC and Control Order proceedings, constitute a collateral attack on final decisions of courts of competent jurisdiction and are therefore an abuse of process. There was no suppression of evidence by the defendants; disclosure obligations were met, and the issues raised by claimants were considered in the prior proceedings. The use of closed material procedures does not negate the application of the abuse of process doctrine.

Court Disposition

Claims struck out as abuse of process in relation to Control Order proceedings for all claimants and SIAC proceedings for C2 and C5; C1, C3, and C4 given short period to seek to distinguish their cases if desired.

Orders

  • All claims arising from Control Order proceedings are struck out as abuse of process.
  • All claims by C2 and C5 arising from SIAC proceedings are struck out as abuse of process.