Cases

Al Rawi & Ors v Security Service & Ors

Held

Allowing the appeal:

(1) It was not open to a court to order a ‘closed material procedure’ in relation to an ordinary civil claim. It would undermine one of the common law’s most fundamental principles – that each party and his lawyer must see and hear all the evidence and argument heard by the court.

(2) Trials should be conducted, and judgments given, in public. Although CPR 39.2 sets out exceptions to this rule, it makes no exceptions in relation to statements of case, disclosure, inspection or witness statements.

(3) In any event, such a procedure would not be permissible under the CPR, nor practical in terms of effective case management or costs management. The provisions relating to the preparation and service of defences were inconsistent with the notion of a ‘closed defence’. In general, the overriding objective of the CPR requires cases to be dealt with fairly so parties are on an equal footing.
 

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