header-logo header-logo

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

Sensitive evidence

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll