24 July 2015
R (on the application of Sarkandi and others) v Secretary of State for Foreign and Commonwealth Affairs [2015] EWCA Civ 687, [2015] All ER (D) 138 (Jul)
The claimants appealed against a declaration, under s 6 of the Justice and Security Act 2013, that their judicial review proceedings were proceedings in which a closed material application might be made to the court. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had correctly held that the two statutory conditions in s 6(4) and (5) of the Act had been met. In particular, the closed material would be disclosable subject to a public interest immunity claim and an application for public interest immunity would not represent a satisfactory alternative.
