Morley v Ministry of Defence & Ors [2017] NIQB 8 (24 January 2017)

Morley v Ministry of Defence & Ors [2017] NIQB 8 (24 January 2017)

Both statutory conditions for a section 6 declaration are met: sensitive material would be required to be disclosed and closed material procedure is necessary for fair and effective administration of justice; court exercises discretion in favour of declaration.

Citation
[2017] NIQB 8
Parties
Plaintiff: Eilish Morley; First Defendant: Ministry of Defence; Second Defendant: Peter Keeley; Third Defendant: Chief Constable of the Police Service of Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
24 January 2017
Procedural Posture
Civil Claim / Application for Declaration Under Section 6 Justice and Security Act 2013
Outcome
Declaration granted under section 6 Justice and Security Act 2013 and Order 126 Rule 21.
Legal Topics
Closed Material Procedures, Public Interest Immunity, Agent Liability, Negligence, Misfeasance in Public Office, Article 2 ECHR
Civil Procedure Human Rights National Security Closed Material Procedures Public Interest Immunity Agent Liability Negligence Misfeasance in Public Office +1 more

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Parties

Eilish Morley

Plaintiff

Ministry of Defence

First Defendant

Peter Keeley

Second Defendant

Chief Constable of the Police Service of Northern Ireland

Third Defendant

Procedural Posture

Civil Claim / Application for Declaration Under Section 6 Justice and Security Act 2013

Legal Issues

  1. 1 Whether proceedings should be subject to closed material procedures under section 6 Justice and Security Act 2013
  2. 2 Whether disclosure of sensitive material is required
  3. 3 Whether it is in the interests of fair and effective administration of justice to make a declaration

Ratio Decidendi

Both statutory conditions for a section 6 declaration are met: sensitive material would be required to be disclosed and closed material procedure is necessary for fair and effective administration of justice; court exercises discretion in favour of declaration.

Court Disposition

Declaration granted under section 6 Justice and Security Act 2013 and Order 126 Rule 21.

Orders

  • Application to amend open statement of claim by 13 February 2017.
  • Application to amend open defence by 27 February 2017.