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21 July 2011
Issue: 7475 / Categories: Case law , Law digest , In Court
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Civil procedure

Al Rawi and others v Security Service and others [2011] UKSC 34, [2011] All ER (D) 110 (Jul)

The court had no power at common law to order a “closed material procedure” for the whole or part of the trial of a civil claim for damages. There was no compelling reason to replace the public interest immunity process with a closed material procedure. The issues of principle raised by the closed material procedure were so fundamental that a closed material procedure should only be introduced in ordinary civil litigation (including judicial review) if Parliament saw it fit to do so.
 

Home Office v Tariq [2011] UKSC 35, [2011] All ER (D) 108 (Jul)

The demands of national security might necessitate and, under European Convention law, justify a system for handling and determining complaints under which an applicant was, for reasons of national security, unable to know the secret material by reference to which his or her complaint was determined. The critical questions under the Convention were whether the system was necessary and whether it contained sufficient safeguards. However, subject to satisfactory answers on those questions, national security considerations might justify a closed material procedure, closed evidence and, furthermore, a blanket decision leaving the precise basis of the determination unclear.

 

Issue: 7475 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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