Cases

Al Rawi & Ors v Security Service & Ors

Facts

The appellants (A), six former Guantanamo Bay detainees, made various claims against the respondents (R) under various heads including false imprisonment, trespass to the person, conspiracy to injure, torture and negligence. They appealed against a decision of Mr Justice Silber that it was open to the court in the absence to statutory authority to order a "closed material procedure" in relation to a civil claim for damages. A "closed material procedure" would allow R to comply with their disclosure obligations without disclosing material to A where disclosure would be contrary to the public interest (i.e. national security, international relations, detection of crime and other circumstances likely to harm the public interest). In such a case, Special Advocates would be brought in test the material in A’s interests but would not be able to take any instructions from them. A contended that R should take the normal approach to claiming public interest immunity.

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