Al Rawi & Ors v the Security Service & Ors (includes Order) [2010] EWHC 1496 (QB) (21 June 2010)

Al Rawi & Ors v the Security Service & Ors (includes Order) [2010] EWHC 1496 (QB) (21 June 2010)

Given the extraordinary and ongoing delays in disclosure, the clear relevance of the Guidance documents, and the public and constitutional importance of the claims, the court must order disclosure of the 2002 and 2004 Guidance documents now, subject to PII review, to ensure the claims can proceed expeditiously. The objections of the defendants do not outweigh the need for timely disclosure and case management.

Citation
[2010] EWHC 1496
Parties
Claimant: Bisher Al Rawi; Claimant: Jamil El Banna; Claimant: Richard Belmar; Claimant: Omar Deghayes; 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
Jurisdiction
England and Wales
Judgment Date
21 June 2010
Procedural Posture
Civil Claim for Damages (tort, Breach of Statutory Duty, Human Rights) / Interlocutory Application for Disclosure and Related Orders
Outcome
Application granted
Legal Topics
Disclosure of Documents, Public Interest Immunity (pii), Special Advocates, Detention and Mistreatment, Human Rights Act 1998, Tort Claims Against Public Authorities
Public Law Human Rights Law Tort Law Civil Procedure Disclosure of Documents Public Interest Immunity (pii) Special Advocates Detention and Mistreatment +2 more

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Parties

Bisher Al Rawi

Claimant

Jamil El Banna

Claimant

Richard Belmar

Claimant

Omar Deghayes

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

Procedural Posture

Civil Claim for Damages (tort, Breach of Statutory Duty, Human Rights) / Interlocutory Application for Disclosure and Related Orders

Legal Issues

  1. 1 Whether the defendants should be ordered to disclose and permit inspection of the 2002 and 2004 Guidance documents relating to interrogation and treatment of detainees
  2. 2 Whether a timetable should be set for the service of a PII certificate if inspection is opposed
  3. 3 Whether a Special Advocate should be appointed to assist the court in any PII hearing

Ratio Decidendi

Given the extraordinary and ongoing delays in disclosure, the clear relevance of the Guidance documents, and the public and constitutional importance of the claims, the court must order disclosure of the 2002 and 2004 Guidance documents now, subject to PII review, to ensure the claims can proceed expeditiously. The objections of the defendants do not outweigh the need for timely disclosure and case management.

Court Disposition

Application granted

Orders

  • Defendants to disclose and permit inspection of the 2002 and 2004 Guidance documents by 10am on 9 July 2010.
  • If inspection is opposed on grounds of PII, a PII certificate must be served by 10am on 9 July 2010.