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07 November 2025 / Sailesh Mehta , Theo Burges
Issue: 8138 / Categories: Features , Criminal , National security , Media , Data protection , Privacy
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The hydra grows another head

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The Afghan leak super-injunction highlights the growing body of national security law spanning ever-increasing areas of practice, write Sailesh Mehta & Theo Burges
  • The increasing volume of national security cases and legal matters involving national security reflects heightened global and domestic concerns.
  • The diverse nature of national security work means a wide range of responsibilities and disciplines are involved, from intelligence and cybersecurity to counterterrorism and enforcement.
  • The evolving national security legal framework is adapting to new threats, technologies and geopolitical shifts.

In July of this year, Mr Justice Chamberlain discharged a super-injunction designed to prevent the reporting of a 2022 leak which put the lives of Afghans who co-operated with the UK in Afghanistan and their families at risk. In August, astoundingly, there was a further data breach in relation to British engagement in Afghanistan. The injunction was primarily granted due to concerns regarding threats to the lives of those connected to the leak, but it also later became clear

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Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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