Kamoka & Ors v The Security Service & Ors

Kamoka & Ors v The Security Service & Ors

The claims constitute a collateral challenge to final decisions of courts of competent jurisdiction (SIAC and High Court) and, given the full opportunity afforded within statutory constraints and the absence of suppression of evidence, further prosecution of claims arising from Control Order proceedings and SIAC proceedings for C2 and C5 would represent an abuse of process. C1, C3, and C4 may seek to distinguish their position within a short period if desired.

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 arising from Control Order proceedings and SIAC proceedings for C2 and C5 struck out as abuse of process; C1, C3, and C4 permitted a short period to seek to distinguish their position.
Legal Topics
Abuse of Process, Disclosure, False Imprisonment, Misfeasance in Public Office, Closed Material Procedures, Special Advocates, Control Orders, Deportation With Assurances
Public Law National Security Human Rights Civil Procedure Abuse of Process Disclosure False Imprisonment Misfeasance in Public Office +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2
Sign in to unlock

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 Hunter v Chief Constable of the West Midlands Police
  2. 2 Whether there was suppression of evidence or breach of duty of candour
  3. 3 Whether the proceedings in SIAC and Control Order proceedings were tainted by reliance on detainee reporting

Ratio Decidendi

The claims constitute a collateral challenge to final decisions of courts of competent jurisdiction (SIAC and High Court) and, given the full opportunity afforded within statutory constraints and the absence of suppression of evidence, further prosecution of claims arising from Control Order proceedings and SIAC proceedings for C2 and C5 would represent an abuse of process. C1, C3, and C4 may seek to distinguish their position within a short period if desired.

Court Disposition

Claims arising from Control Order proceedings and SIAC proceedings for C2 and C5 struck out as abuse of process; C1, C3, and C4 permitted a short period to seek to distinguish their position.

Orders

  • Claims for C2 and C5 arising from SIAC proceedings struck out.
  • Claims for all Claimants arising from Control Order proceedings struck out.