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)

The extraordinary and ongoing delays in disclosure, the relevance of the Guidance documents, and the public importance of the claims require that disclosure and inspection of the 2002 and 2004 Guidance be ordered now, subject to PII review. The objections of the defendants do not outweigh the need for timely and fair resolution. If PII is claimed, a certificate must be served and a hearing fixed, with a Special Advocate appointed to assist the court.

Citation
[2010] EWHC 1496 (QB)
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
Civil Procedure Human Rights Tort Law Public Law Disclosure of Documents Public Interest Immunity (pii) Special Advocates Detention and Mistreatment +2 more

Case Brief

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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 claimants are entitled to disclosure and inspection of the 2002 and 2004 Guidance documents relating to interrogation and treatment of detainees
  2. 2 Whether a PII certificate should be issued and a hearing fixed if inspection is opposed on PII grounds
  3. 3 Whether a Special Advocate should be appointed to assist the court in the PII process

Ratio Decidendi

The extraordinary and ongoing delays in disclosure, the relevance of the Guidance documents, and the public importance of the claims require that disclosure and inspection of the 2002 and 2004 Guidance be ordered now, subject to PII review. The objections of the defendants do not outweigh the need for timely and fair resolution. If PII is claimed, a certificate must be served and a hearing fixed, with a Special Advocate appointed to assist the court.

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 PII grounds, a PII certificate must be lodged and served by 10am on 9 July 2010.