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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

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Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
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