Al Rawi (or Deghayes) and others v The Security Service and others; Home Office v Tariq

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.

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.

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.

Tariq v UK was heard in the European Court of Human Rights in June 2012. We are still awaiting judgment.

Read more

JUSTICE – written submission in written submission in Tariq v UK at ECtHR (June 2012)
JUSTICE press release in Tariq- ‘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

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)