Cases

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs (No 2)

Facts

The Secretary of State appealed against the decision of the Divisional Court in the proceedings brought by Binyam Mohamed (M) that seven redacted sub-paragraphs of its judgment should be made public. The appeal was dismissed and three separate draft judgments were circulated to counsel, solicitors and the parties on a confidential basis. Counsel for the Foreign Secretary emailed the court to ask for a possible reconsideration of para 168 of the judgment and the letter was copied to M's lawyers. In absence of any objection, the Master of the Rolls amended the paragraph. It later became apparent that M's lawyers may not have received the letter and they objected to the proposals. The letter was circulated widely and published in the press.

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