Al Rawi & Ors v The Security Service & Ors [2009] EWHC 2959 (QB) (18 November 2009)

Al Rawi & Ors v The Security Service & Ors [2009] EWHC 2959 (QB) (18 November 2009)

It is lawful and proper for a court to order a closed material procedure in a civil claim for damages in exceptional cases and as a last resort, where necessary to ensure fairness and protect public interest, provided that Article 6 ECHR rights are respected and the procedure is modified as needed to preserve a fair trial.

Citation
[2009] EWHC 2959
Parties
Claimant: Bisher Al Rawi; Claimant: Jamil El Banna; Claimant: Richard Belmar; Claimant: Omar Deghayes; Claimant: Moazzam Begg; Claimant: Binyam Mohamed; Claimant: Martin Mubanga; Defendant: The Security Service; Defendant: The Secret Intelligence Service; Defendant: The Attorney-General; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office; Intervener: Justice; Intervener: Liberty
Jurisdiction
England and Wales
Judgment Date
18 November 2009
Procedural Posture
Civil Claim for Damages / Preliminary Issue Determination
Outcome
Preliminary issue answered in the affirmative: closed material procedure can be lawful and proper in civil claims for damages in exceptional cases.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Special Advocates, Disclosure, Fair Trial, Article 6 ECHR
Civil Procedure Human Rights National Security Closed Material Procedure Public Interest Immunity Special Advocates Disclosure Fair Trial +1 more

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Parties

Bisher Al Rawi

Claimant

Jamil El Banna

Claimant

Richard Belmar

Claimant

Omar Deghayes

Claimant

Moazzam Begg

Claimant

Binyam Mohamed

Claimant

Martin Mubanga

Claimant

The Security Service

Defendant

The Secret Intelligence Service

Defendant

The Attorney-General

Defendant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

Justice

Intervener

Liberty

Intervener

Procedural Posture

Civil Claim for Damages / Preliminary Issue Determination

Legal Issues

  1. 1 Is it lawful and proper for a court to order a closed material procedure in a civil claim for damages?
  2. 2 Does the closed material procedure conflict with established Public Interest Immunity law?
  3. 3 Can the court adopt a closed material procedure absent statutory authority?

Ratio Decidendi

It is lawful and proper for a court to order a closed material procedure in a civil claim for damages in exceptional cases and as a last resort, where necessary to ensure fairness and protect public interest, provided that Article 6 ECHR rights are respected and the procedure is modified as needed to preserve a fair trial.

Court Disposition

Preliminary issue answered in the affirmative: closed material procedure can be lawful and proper in civil claims for damages in exceptional cases.

Orders

  • Court may adopt closed material procedure in civil damages claims as a last resort to ensure fairness.
  • Any such procedure must be modified to respect Article 6 ECHR rights.