Al Rawi (or Deghayes) and others v The Security Service and others; Home Office v Tariq
Explanation of case names
Al Rawi and Deghayes are the same case – called Al Rawi in the High Court and Court of Appeal, but Deghayes in the Supreme Court. Tariq is a separate case from Deghayes but was heard by the Supreme Court at the same time due to the overlap in issues.
Forum and dates
Al Rawi / Deghayes and Tariq were heard in the Supreme Court on 24-27 January 2011.
Outline of the issues
Al Rawi and Deghayes concerned the power of the court to allow use of secret evidence in a civil claim for damages. Tariq concerned the compatibility of the use of secret evidence in employment tribunal hearings with the right to a fair trial.
Outcome
On 13 July the Supreme Court rule by a majority of 5 to 4 that the courts had no power to adopt a procedure allowing the use of secret evidence in civil trials, on the basis that it would cut across the constitutional principle of open justice and the right to a fair trial, including the right of each party to know the evidence put forward by the other side.
Read more
- JUSTICE press release - 'UK Supreme Court rules against secret evidence in civil claims' (13 July 2011)
- Supreme Court judgment in Al Rawi on 13 July 2011
- Supreme Court judgment in Tariq on 13 July 2011
- JUSTICE and Liberty - joint submission in Supreme Court (Al Rawi)
- JUSTICE and Liberty - joint submision in Supreme Court (Tariq)
- JUSTICE and Liberty - joint submissions in Court of Appeal
- Court of Appeal (Civil Division) judgment in Al Rawi on 4 May 2010
- JUSTICE press release - 'Court of Appeal rules secret trial of torture claims would be ‘pyrrhic victory’ for government' (4 May 2010)
- JUSTICE press release - 'Court of Appeal to hear appeal against use of secret evidence in civil claim for damages against government' (5 March 2010)