CF v The Security Service & Ors

CF v The Security Service & Ors

The court held that the statutory conditions for a closed material procedure under the Justice and Security Act 2013 were satisfied: the material was sensitive, its disclosure would damage national security, and a fair and effective trial could not proceed without it. The Act does not require a PII process to be completed before a CMP is declared. Alternative mechanisms such as confidentiality rings were rejected as impractical and unsafe in this context. The declaration for a CMP was therefore granted. The PII application succeeded in respect of material relating to international relations, which will be excluded from both open and closed proceedings.

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 / Application for Closed Material Procedure and Public Interest Immunity
Outcome
Declaration for closed material procedure granted; PII application succeeded in part.
Legal Topics
Closed Material Procedure, Public Interest Immunity, Disclosure, National Security, Article 6 ECHR, Human Rights Act 1998, Damages for Unlawful Detention and Torture
Constitutional Law Human Rights Law National Security Law Civil Procedure Closed Material Procedure Public Interest Immunity Disclosure National Security +3 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 / Application for Closed Material Procedure and Public Interest Immunity

Legal Issues

  1. 1 Whether a closed material procedure (CMP) under the Justice and Security Act 2013 should be permitted prior to or instead of a public interest immunity (PII) process
  2. 2 Whether the material in question is 'sensitive material' under the JSA 2013
  3. 3 Whether a CMP is in the interests of the fair and effective administration of justice in this case

Ratio Decidendi

The court held that the statutory conditions for a closed material procedure under the Justice and Security Act 2013 were satisfied: the material was sensitive, its disclosure would damage national security, and a fair and effective trial could not proceed without it. The Act does not require a PII process to be completed before a CMP is declared. Alternative mechanisms such as confidentiality rings were rejected as impractical and unsafe in this context. The declaration for a CMP was therefore granted. The PII application succeeded in respect of material relating to international relations, which will be excluded from both open and closed proceedings.

Court Disposition

Declaration for closed material procedure granted; PII application succeeded in part.

Orders

  • Declaration pursuant to s.6(1) Justice and Security Act 2013 that a closed material application may be made to the court.
  • Public Interest Immunity application succeeds in respect of material relating to international relations, subject to finalisation of gists.