National Security


Significant cases in this area involving members of Chambers are:

  • Bank Mellat v HM Treasury (Supreme Court) - whether the Supreme Court can consider closed material in an appeal from closed proceedings
  • J v Commissioner of Police [2013] EWHC 32 - jurisdiction of the IPT over claims against the police in relation to undercover police officers
  • Al Rawi v Security Service [2012] 1 A.C. 531 (Supreme Court) - whether the court can in the exercise of inherent jurisdiction, introduce a closed material procedure into civil claims for damages
  • R(SSHD) v Inner West London Assistant Deputy Coroner [2011] 1 W.L.R. 2564 - use of closed material in inquests
  • R(U & XC) v SIAC [2010] 2 W.L.R. 1012 - compatibility with Article 5(4) ECHR of the reliance by SIAC on closed material in bail proceedings
  • SSHD v AF & Others [2010] 2 A.C. 269 (House of Lords) - compatibility of the use of closed material in control order proceedings with Article 6 ECHR
  • Othman v SSHD [2010] 2 A.C. 110  (House of Lords) - use of closed material by SIAC in decisions on safety on return
  • SSHD v AP (No 2) [2010] 1 WLR 1652 (Supreme Court)- anonymity in control order proceedings.
  • SSHD v AP [2010] 3 WLR 51 (Supreme Court)- whether control order curfew amounts to a deprivation of liberty
  • A v B [2010] 2 A.C. 1 (Supreme Court) - whether the IPT has exclusive jurisdiction over Human Rights Act claims against the security services
  • SSHD v MB [2008] 1 AC 440 (House of Lords) - compatibility of closed material in control order proceedings with Article 6 ECHR

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