header-logo header-logo

Secret trial rejected by Court of Appeal

06 May 2010
Issue: 7416 / Categories: Legal News
printer mail-detail

Ruling suggests fairness is more important than secrecy

The Court of Appeal has unanimously rejected a government request to hold a secret trial over the claims of former Guantanamo Bay inmates that that the government was complicit in their torture overseas.

The case, Al Rawi and Ors v Security Services and Ors [2010] EWCA Civ 482, involved the claims of Moazzam Begg and Binyam Mohamed and four others who were detained at Guantanamo and other detention centres. They claimed that each of the defendants— the Security Service, the Secret Intelligence Service, the Foreign and Commonwealth Office, the Home Office, and the Attorney General—caused or contributed towards their alleged detention, rendition and ill treatment.

The court overturned an earlier High Court ruling that a civil claim for damages could in principle be held in secret.

Lord Neuberger, the master of the rolls, said it was important for the court to declare “firmly and unambiguously” that there was no power for an English court to adopt such a procedure without the sanction of an Act of Parliament.
To do so would be a “pyrrhic victory” for the government, which would damage the reputation of both the government and the court, he said.

“[T]he principle that a litigant should be able to see and hear all the evidence which is seen and heard by a court determining his case is so fundamental, so embedded in the common law, that, in the absence of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim, unless (perhaps) all parties to the claim agree otherwise.

“At least so far as the common law is concerned, we would accept the submission that this principle represents an irreducible minimum requirement of an ordinary civil trial. Unlike principles such as open justice, or the right to disclosure of relevant documents, a litigant’s right to know the case against him and to know the reasons why he has lost or won is fundamental to the notion of a fair trial.” 

Eric Metcalfe, director of human rights policy at Justice, which intervened in the case, says: “The Court of Appeal has made clear that fairness is more important than secrecy.”

Issue: 7416 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll