header-logo header-logo

Sensitive evidence

03 February 2012
Issue: 7499 / Categories: Legal News
printer mail-detail

Use of secret evidence in civil cases could render some claims untriable

The use of secret evidence in civil cases could render some claims untriable, the independent reviewer of terrorism legislation, David Anderson QC, has said.

Giving evidence to the Joint Committee on Human Rights on the Justice and Security Green Paper last week, Anderson spoke about the impact on civil justice of closed material procedure (CMP), under which sensitive evidence can be excluded. The Green Paper proposes introducing legislation to make CMPs more widely available in civil proceedings.

Where highly sensitive material is so central to a case that it is untriable without that evidence, the claim is either struck out or the parties are forced to settle. Neither of these outcomes is desirable, Anderson said. For example, in Al Rawi v Security Service [2011] UKSC 34, in which former Guantanamo detainees sought compensation, the government settled the case after being refused permission to keep evidence secret.

Anderson recommended that strict conditions be applied where CMP is allowed, and that it must be the court not the government that makes the decision in order to maintain impartiality.

The Committee is hearing evidence from a range of other experts, including Dinah Rose QC, Lord Carlile and Angus McCullough QC.

Issue: 7499 / 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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
back-to-top-scroll