Secretary of State for the Home Department v TL

Secretary of State for the Home Department v TL

The court is satisfied that the disclosure process has been diligently conducted by the special advocates, that no further disclosure is currently required beyond the amended third national security statement, and that the court need not second-guess the special advocates' judgments unless new issues arise.

Parties
Claimant: Secretary of State for the Home Department; Defendant: TL
Jurisdiction
England and Wales
Judgment Date
06 April 2022
Procedural Posture
Judicial Review / Interlocutory Application
Outcome
application for further disclosure refused
Legal Topics
Tpims, Closed Material Procedures, Article 6 ECHR, Disclosure Obligations
National Security Human Rights Civil Procedure Tpims Closed Material Procedures Article 6 ECHR Disclosure Obligations

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Parties

Secretary of State for the Home Department

Claimant

TL

Defendant

Procedural Posture

Judicial Review / Interlocutory Application

Legal Issues

  1. 1 Whether the disclosure provided to TL meets the minimum requirements under Article 6 ECHR
  2. 2 Whether the process for disclosure of closed material has been properly followed
  3. 3 Whether further disclosure into open is required

Ratio Decidendi

The court is satisfied that the disclosure process has been diligently conducted by the special advocates, that no further disclosure is currently required beyond the amended third national security statement, and that the court need not second-guess the special advocates' judgments unless new issues arise.

Court Disposition

application for further disclosure refused

Orders

  • No further disclosure is required at this stage beyond the amended third national security statement.
  • The question of disclosure will remain under review and further directions may be given if warranted.