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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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