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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: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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