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06 May 2010
Issue: 7416 / Categories: Legal News
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Secret trial rejected by Court of Appeal

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
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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