Al Rawi and others v Security Service

Judgment was given by the Supreme Court in the case of Al Rawi and others v Security Service [2011] UKSC 34, arising out of claims for damages brought against MI5 and MI6 by individuals who alleged that the British intelligence agencies were complicit in their detention and ill-treatment at locations including Guantanamo Bay.

The Supreme Court has ruled that it is never permissible for a Court hearing a civil claim, including a claim for judicial review, to permit a party to rely on a "closed procedure", in which evidence is concealed from the other party and disclosed only to a Special Advocate. Such a procedure is inconsistent with the fundamental common law right to natural justice, and is only permissible under statutory authority.

Dinah Rose QC appeared for the Claimants.
John Howell QC and Naina Patel appeared for Justice and Liberty, interveners.
Lord Lester QC appeared for The Guardian, also intervening.