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Tomkins, A (2014)
Publisher: Cambridge University Press
Languages: English
Types: Article
Subjects:
This paper outlines the ways in which the United Kingdom manages civil litigation concerning sensitive national security material. These are: the common law of public interest immunity; the use of closed material procedure and special advocates; and the secret hearings of the Investigatory Powers Tribunal. With these existing alternatives in mind the paper analyses the background to, the reasons for, and the controversies associated with the Justice and Security Act 2013, enacted in the wake of the UK Supreme Court’s 2011 ruling in Al Rawi v Security Service.
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    • 46 Al Rawi v Security Service [2009] EWHC 2959 (QB) (High Court); Al Rawi v Security Service [2010] EWCA Civ 482, [2010] 3 WLR 1069 (Court of Appeal); Al Rawi v Security Service [2011] UKSC 34, [2012] 1 AC 531 (Supreme Court).
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