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Civil procedure

21 July 2011
Issue: 7475 / Categories: Case law , Law digest , In Court
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Al Rawi and others v Security Service and others [2011] UKSC 34, [2011] All ER (D) 110 (Jul)

The court had no power at common law to order a “closed material procedure” for the whole or part of the trial of a civil claim for damages. There was no compelling reason to replace the public interest immunity process with a closed material procedure. The issues of principle raised by the closed material procedure were so fundamental that a closed material procedure should only be introduced in ordinary civil litigation (including judicial review) if Parliament saw it fit to do so.
 

Home Office v Tariq [2011] UKSC 35, [2011] All ER (D) 108 (Jul)

The demands of national security might necessitate and, under European Convention law, justify a system for handling and determining complaints under which an applicant was, for reasons of national security, unable to know the secret material by reference to which his or her complaint was determined. The critical questions under the Convention were whether the system was necessary and whether it contained sufficient safeguards. However, subject to satisfactory answers on those questions, national security considerations might justify a closed material procedure, closed evidence and, furthermore, a blanket decision leaving the precise basis of the determination unclear.

 

Issue: 7475 / Categories: Case law , Law digest , In Court
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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