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, but only in exceptional cases and as a last resort to ensure fairness, where no other course would adequately meet the overriding requirements of fairness, and subject to modification to ensure compliance with Article 6 ECHR and common law rights.

Citation
[2009] EWHC 2959 (QB)
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, subject to strict limitations.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Article 6 ECHR, Special Advocates, Open Justice
Civil Procedure Human Rights National Security Closed Material Procedure Public Interest Immunity Article 6 ECHR Special Advocates Open Justice

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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 Whether it is lawful and proper for a court to order a closed material procedure in a civil claim for damages

Ratio Decidendi

It is lawful and proper for a court to order a closed material procedure in a civil claim for damages, but only in exceptional cases and as a last resort to ensure fairness, where no other course would adequately meet the overriding requirements of fairness, and subject to modification to ensure compliance with Article 6 ECHR and common law rights.

Court Disposition

Preliminary issue answered in the affirmative, subject to strict limitations.

Orders

  • It is lawful and proper for a court to order a closed material procedure in a civil claim for damages, but only in exceptional cases and as a last resort to ensure fairness.