Case Comment: R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 – UKSC Blog

Posted February 5th, 2018 in appeals, closed material, disclosure, news, Supreme Court, warrants by sally

‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’

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UKSC Blog, 2nd February 2018

Source: ukscblog.com

When can a Closed Material Procedure be used? – UK Human Rights Blog

Posted December 8th, 2017 in closed material, human rights, news by sally

‘The Justice and Security Act 2013 introduced the idea of Closed Material Proceedings (CMP) to civil litigation in a significant way for the first time. This is a procedure (which had previously only used in a small number of specialist tribunals) whereby all or part of a claim can be heard in closed proceedings in order for the court to consider material which, if disclosed publicly, would risk harming national security. These hearings exclude even the claimant, who is represented instead by a Special Advocate who takes instructions and then is unable to speak to his or her client again once they have seen the sensitive material.’

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UK Human Rights Blog, 7th December 2017

Source: ukhumanrightsblog.com

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

The cost of resisting disclosure of sensitive police material in family proceedings – UK Police Law Blog

‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’

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UK Police Law Blog, 30th July 2017

Source: ukpolicelawblog.com

Police and not council must pay for special advocates in family case, says judge – Local Government Lawyer

‘The police and not a local authority must pay for the provision of special advocates in a rare example of them being required for a Family Court case, Cobb J has ruled.’

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Local Government Lawyer, 17th July 2017

Source: localgovernmentlawyer.co.uk

Rendition: government evidence to be heard in secret in UK for first time – The Guardian

Posted March 24th, 2017 in closed material, news, rendition by sally

‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’

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The Guardian, 23rd March 2017

Source: www.guardian.co.uk

Anger as government applies for secret hearing of rendition case – The Guardian

Posted March 6th, 2017 in Afghanistan, closed material, detention, news, rendition, torture by sally

‘The government has been accused of attempting to bury the truth about Britain’s role in the CIA’s extraordinary rendition process by seeking to have a case, brought by two men detained by the US, heard in secret.’

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The Guardian, 5th March 2017

Source: www.guardian.co.uk

UK government right to refuse release of secret documents – high court – The Guardian

Posted November 24th, 2016 in closed material, disclosure, documents, intelligence services, news, poisoning by tracey

‘The government can keep secret “super-sensitive” documents from Britain’s spy agencies that might shed light on the mystery death of a fugitive Russian, the high court has ruled.’

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The Guardian, 23rd November 2016

Source: www.guardian.co.uk

Man who rejected MI5 convicted of terror charge after semi-secret trial – The Guardian

‘A Somali-born man who spurned MI5 efforts to recruit him as an informant has been found guilty – following a partially secret trial – of preparing to join Islamic State fighters in Syria.’

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The Guardian, 13th October 2016

Source: www.guardian.co.uk

Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

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Panopticon, 18th March 2016

Source: www.panopticonblog.com

Immigration lawyers fail with challenge to secret evidence – Law Society’s Gazette

Posted February 16th, 2016 in closed material, immigration, news, tribunals by sally

‘A rule that allows decisions in immigration appeals to be based on undisclosed evidence is not unlawful, the High Court has ruled.’

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Law Society’s Gazette, 16th February 2016

Source: www.lawgazette.co.uk

Press restrictions may continue after trial in the interests of national security – UK Human Rights Blog

Posted February 11th, 2016 in closed material, media, news, private hearings, reporting restrictions, terrorism by sally

‘Terrorism has brought many changes in the ways in which we go about our lives. Many of these are quite minor, irritating but generally sensible. The holding of trials where much of the evidence is kept secret is not minor, and in principle must be considered an outrage rather than an irritant. But there are clearly occasions when this has to happen, and it is a great challenge to those who on the one hand have responsibility for preventing terrorism and those on the other hand responsible for ensuring that justice has been done.’

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UK Human Rights Blog, 11th February 2016

Source: www.ukhumanrightsblog.com

Secret trial: One off – or the first of many? – BBC News

Posted February 10th, 2016 in closed material, news, reporting restrictions, terrorism, trials by sally

‘Possibly the worst headline I’ve ever written. But before I’m accused of completely failing to perform basic contractual duties, allow me to explain why those seven words are rather important.’

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BBC News, 10th February 2016

Source: www.bbc.co.uk

UK ties with Gaddafi were like ‘a criminal conspiracy’, high court hears – The Guardian

Posted December 17th, 2015 in closed material, conspiracy, intelligence services, Libya, news, rendition, trials by tracey

‘The relationship that the British security services forged with Muammar Gaddafi’s regime a decade ago amounted to “a criminal conspiracy with a foreign dictator”, according to evidence before the high court, where a dozen Libyan dissidents who were subsequently targeted by the British authorities are bringing a claim for damages.’

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The Guardian, 16th December 2015

Source: www.guardian.co.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2015 – Courts and Tribunals Judiciary

‘The Lord Chief Justice, Lord Thomas of Cwmgiedd, held his annual press conference on Tuesday, 17 November, 2015, at the Royal Courts of Justice.’

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Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Sir Brian Leveson: Security and Justice – Courts and Tribunals Judiciary

‘Sir Brian Leveson, President of the Queen’s Bench Division gave the 13th Annual Isaiah Berlin Lecture in London on 12 November 2015.’

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Courts and Tribunals Judiciary, 13th November 2015

Source: www.judiciary.gov.uk

Bank Mellat and disclosure in closed material proceedings

‘Bank Mellat is an Iranian bank, initially subjected to a 2009 order which prohibited anybody in the UK from dealing with it – until the Supreme Court quashed it: here, and my posts here and here. ‘

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UK Human Rights Blog, 28th October 2015

Source: www.ukhumanrightsblog.com

European court of human rights rules secret hearings legal – The Guardian

Posted October 21st, 2015 in closed material, deportation, detention, human rights, inquiries, news, warrants by sally

‘Secret hearings to determine whether suspects should be held without charge during anti-terror investigations are legal, the European court of human rights has ruled.’

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The Guardian, 20th October 2015

Source: www.guardian.co.uk

Secret court case application numbers more than double in a year – The Guardian

Posted October 16th, 2015 in closed material, intelligence services, news, public interest, statistics by sally

‘The number of official applications for secret court hearings more than doubled in the past year, according to figures released by the Ministry of Justice.’

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The Guardian, 15th October 2015

Source: www.guardian.co.uk

Should national security ever trump the right to a fair trial? – The Guardian

‘A ruling on whether ‘secret’ evidence from convicted murderer Wang Yam can be heard at the European court of human rights has far wider significance.’

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The Guardian, 22nd September 2015

Source: www.guardian.co.uk