CF v The Security Service & Ors [2013] EWHC 3402 (QB) (07 November 2013)

CF v The Security Service & Ors [2013] EWHC 3402 (QB) (07 November 2013)

The court may make a declaration permitting a closed material application under s.6 of the Justice and Security Act 2013 before PII is exhausted, provided the statutory conditions are met. In this case, the material is sensitive within the meaning of the Act, and the interests of the fair and effective administration of justice require a CMP. Alternative mechanisms such as confidentiality rings are inadequate or impractical for national security material. The application for PII in respect of material relating to international relations succeeds to the extent indicated in the closed judgment.

Citation
[2013] EWHC 3402 (QB)
Parties
Claimant: CF; Claimant: Mohammed Ahmed Mohamed; Defendant: The Security Service; Defendant: The Secret Intelligence Service; Defendant: The Ministry of Defence; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office; Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Civil Damages Claim Under Human Rights Act and Tort / Interlocutory Application for Closed Material Procedure and Public Interest Immunity
Outcome
Declaration permitting closed material application granted; PII application succeeds in part for international relations material.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Disclosure, National Security, Human Rights Act 1998, Justice and Security Act 2013
Public Law Human Rights Law National Security Law Civil Procedure Closed Material Procedure Public Interest Immunity Disclosure National Security +2 more

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Parties

CF

Claimant

Mohammed Ahmed Mohamed

Claimant

The Security Service

Defendant

The Secret Intelligence Service

Defendant

The Ministry of Defence

Defendant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

The Attorney General

Defendant

Procedural Posture

Civil Damages Claim Under Human Rights Act and Tort / Interlocutory Application for Closed Material Procedure and Public Interest Immunity

Legal Issues

  1. 1 Whether a declaration permitting a closed material application (CMP) should be made under s.6 Justice and Security Act 2013 before PII is exhausted
  2. 2 Whether PII or alternative mechanisms (e.g. confidentiality rings) should be preferred over CMP
  3. 3 Whether the material in question is 'sensitive material' under the JSA 2013

Ratio Decidendi

The court may make a declaration permitting a closed material application under s.6 of the Justice and Security Act 2013 before PII is exhausted, provided the statutory conditions are met. In this case, the material is sensitive within the meaning of the Act, and the interests of the fair and effective administration of justice require a CMP. Alternative mechanisms such as confidentiality rings are inadequate or impractical for national security material. The application for PII in respect of material relating to international relations succeeds to the extent indicated in the closed judgment.

Court Disposition

Declaration permitting closed material application granted; PII application succeeds in part for international relations material.

Orders

  • Declaration under s.6(1) Justice and Security Act 2013 that a closed material application may be made to the court.
  • Application for public interest immunity (PII) succeeds in respect of certain material relating to international relations, subject to review and gist(s) to be finalised.