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 procedure before disclosure and without a PII claim being determined, provided statutory conditions are met; sensitive material exists which cannot be disclosed without damaging national security; CMP is necessary for fair and effective administration of justice in this case; alternative mechanisms such as confidentiality rings are impractical and unsafe.

Citation
[2013] EWHC 3402
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 1998 and Tort / Ruling on Closed Material Procedure and Public Interest Immunity Applications
Outcome
Declaration made permitting closed material application under Justice and Security Act 2013; PII application succeeds in part.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Disclosure, Control Orders, Tort Liability, International Relations
National Security Human Rights Civil Procedure Closed Material Procedure Public Interest Immunity Disclosure Control Orders Tort Liability +1 more

Case Brief

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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 1998 and Tort / Ruling on Closed Material Procedure and Public Interest Immunity Applications

Legal Issues

  1. 1 Whether a closed material procedure (CMP) declaration should be made under Justice and Security Act 2013
  2. 2 Whether public interest immunity (PII) applies to certain material
  3. 3 Compatibility of CMP with Article 6 ECHR

Ratio Decidendi

The court may make a declaration permitting a closed material procedure before disclosure and without a PII claim being determined, provided statutory conditions are met; sensitive material exists which cannot be disclosed without damaging national security; CMP is necessary for fair and effective administration of justice in this case; alternative mechanisms such as confidentiality rings are impractical and unsafe.

Court Disposition

Declaration made permitting closed material application under Justice and Security Act 2013; PII application succeeds in part.

Orders

  • Declaration pursuant to s6(1) JSA 2013 that a closed material application may be made to the court.
  • PII application succeeds for material excluded on grounds of potential damage to international relations.