Disclosure considered in light of ECHR, art 6 and national security


Re: K & Ors v Secretary of State for Defence & Anor [2017] EWHC 830 (Admin)

The question for the Court was what disclosure was required for there to be a “fair and public hearing” of the claims, which would determine the claimant’s civil rights in relation to the public law claims. The issue of disclosure had to be considered in light of conclusions that the ECHR, art 6 applied to the public law claims. The Court held that a balance has to be struck between the significance of material not otherwise disclosed to the claimants and the harm disclosure could have on national security.

Jonathan Glasson QC, Tim Owen QC and Samantha Knights were involved in this case.