Closed procedure (1)

Al Rawi and others v Security Service and others [2010] EWCA Civ 482, TLR 7 May

The claimants have been detained at various locations in foreign states. Their claims, including false imprisonment, trespass to the person, conspiracy to injure and torture, alleged, in broad terms, that the defendants contributed towards the claimants’ detention, rendition, and ill treatment. In their defence the defendants denied any liability but claimed that there was material not pleaded in the defence which they wished the court to consider, but which could not be disclosed in the defence without causing real harm to the public interest. They wished the case to proceed on the basis of inclusion of a closed element, that prior to trial there would be a parallel process of open and closed pleadings, disclosure, inspection, witness statements, and directions hearings. Also the hearing itself would be partly open and partly closed.