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03 February 2012
Issue: 7499 / Categories: Legal News
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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
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MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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