Omar & Ors v Secretary of State for Foreign and Commonwealth Affairs

In a claim brought by  individuals who claim they were unlawfully rendered from Kenya and mistreated by the Ugandan security forces, seeking information held by the British Government to aid their defence to criminal proceedings, the Court of Appeal has ruled that it has no jurisdiction to order disclosure under the Norwich Pharmacal jurisdiction in circumstances in which proceedings in a foreign country are on foot. In so doing it has overruled the previous Binyam Mohamed case. The court also clarified that the Norwich Pharmacal jurisdiction does not require 'facilitation' but only requires 'involvement'.

James Eadie QC was Leading Counsel for the Defendant
 
Tom Hickman was junior Counsel for the Claimants