Cases

Al Rawi & Ors v Security Service & Ors

Comment

A powerful judgment by the Court of Appeal, reaffirming some of the most basic principles of common law and natural justice. The court took a firm and unambiguous stance on the impermissibility of ‘closed material’ in ordinary civil claims. The Master of the Rolls stated that if the court were to accede to such a procedure in these circumstances:

“The outcome would be likely to be a pyrrhic victory for the defendants, whose reputation would be damaged by such a process, but the damage to the reputation of the court would in all probability be even greater.”

Nonetheless, the Court left open the question of whether a closed material procedure could be adopted in an ordinary civil claim where all the parties agreed or where there was a substantial public interest dimension.
 

Areas of work

Media Law
Reporting the Courts

Also