Al Rawi & Ors v The Security Service & Ors

Al Rawi & Ors v The Security Service & Ors

It is lawful and proper for a court to order a closed material procedure in a civil claim for damages, provided it is used only in exceptional circumstances and as a last resort to ensure fairness, and subject to safeguards protecting the rights of the parties under the ECHR and common law.

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: court may lawfully and properly order a closed material procedure in a civil claim for damages.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Special Advocates, Disclosure, National Security, Fair Trial, European Convention on Human Rights, Civil Procedure Rules
Civil Procedure Human Rights Public Law Closed Material Procedure Public Interest Immunity Special Advocates Disclosure National Security +3 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 Whether it is lawful and proper for a court to order a closed material procedure in a civil claim for damages
  2. 2 Compatibility of closed material procedure with Public Interest Immunity law
  3. 3 Compatibility of closed material procedure with Civil Procedure Rules and Crown Proceedings Act

Ratio Decidendi

It is lawful and proper for a court to order a closed material procedure in a civil claim for damages, provided it is used only in exceptional circumstances and as a last resort to ensure fairness, and subject to safeguards protecting the rights of the parties under the ECHR and common law.

Court Disposition

Preliminary issue answered in the affirmative: court may lawfully and properly order a closed material procedure in a civil claim for damages.

Orders

  • Timetable to be agreed for further directions on whether closed material procedure should be adopted and its precise terms.