Al Rawi & ors v Security Service, Secret Intelligence Service & Ors

In a claim brought by seven former victims of extraordinary rendition and torture against the intelligence services, the High Court has ruled  that the Government may withhold sensitive evidence from claimants in civil claims for damages brought in the High Court and rely on that evidence in “closed proceedings”.  The ruling marks a departure from the "public interest immunity" procedure, which weighed the public interest in non-disclosure against the interests of justice. If the evidence was found to be so sensitive that it should not be revealed, the information could not be used by either side. The court indicated that a "closed material procedure”, where a "special advocate" reviews evidence not disclosed by the government and acts on behalf of the claimants, can in principle be used, but left open the question of whether it should be used in this case. The ruling was condemned by Amnesty International, and the claimants lawyers have indicated they will appeal the decision.

Michael Fordham QC, Tom Hickman and Naina Patel represented the claimants.