Al Rawi & ors v Security Service & ors
May 10
[2010] EWCA Civ 482
In the context of the former Guantanamo Bay detainees' litigation against UK Government departments, the Court of Appeal has handed down judgment on the preliminary issue of whether it is open to a court in England and Wales to order a "closed material procedure", in which certain material on which one party relies is withheld from another party if disclosure would be contrary to the public interest. Allowing the appeal, the Court held "firmly and unambiguously" that it was not open to a court in England and Wales to order a closed material procedure in an ordinary civil claim for damages, absent an express statutory power to do so or (arguably) agreement between the parties. From Blackstone, Dinah Rose QC acted for the first to fifth appellants, Michael Fordham QC and Naina Patel acted for the sixth appellant, and John Howell QC and Jessica Boyd acted for the Intervenors, Liberty and Justice.