24 July 2015
McGartland and another v Secretary of State for the Home Department [2015] EWCA Civ 686, [2015] All ER (D) 147 (Jul)
The claimants appealed against the judge’s decision that their proceedings were proceedings in which a closed material application might be made to the court, under s 6 of the Justice and Security Act 2013. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had correctly decided to make a s 6 declaration before having considered the claimants’ application, under CPR 3.1(2)(m), for an order requiring the secretary of state to plead a full defence, rather than a limited defence, which stated that the government would neither confirm nor deny the facts pleaded in their claim.
