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01 July 2010
Issue: 7424 / Categories: Features , Procedure & practice , Costs
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Al Rawi v Security Service

In Al Rawi v Security Service [2010] EWCA Civ 482, [2010] All ER (D) 03 (May) the court considered a preliminary issue in a suit brought by six former detainees against several arms of the UK government.

The claimants brought the action under a number of heads in tort and for breach of statutory duty, alleging that the defendants had contributed to the claimants’ detention, rendition and alleged mistreatment while detained.

Open v closed

The defendants sought to file what was termed an “open defence”. This document omitted materials upon which the defendants sought to rely but which they claimed would cause real harm to the public interest if disclosed. This was construed by the court as a request to run all aspects of the case (the pleadings, disclosure, hearings and so on) with parallel “open” and “closed” elements. A process of this kind is not unfamiliar to the courts, and is commonly referred to as the closed material procedure.

The closed material

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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