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High Court considers Government Legal Department search and seizure of Special Advocate’s sensitive material

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On Friday, Mr Justice Chamberlain held a hearing to consider allegations that GLD staff unlawfully entered the office of a Special Advocate representing the interests of Abu Faraj al‑Libi (a Guantanamo detainee alleging UK complicity in CIA torture), in his claim against MI5, MI6 and others. As part of the operation, GLD seized a range of sensitive material, including legally privileged documents.

Jesse Nicholls represented al-Libi at the hearing, which was convened after the Special Advocates for al-Libi communicated their serious concerns about GLD’s conduct, describing it as ‘unprecedented’ and ‘extraordinary’, and expressing the conclusion that the targeted barrister had been singled out in order to gain a litigation advantage for the Defendants – including MI5 and MI6 – in al-Libi’s claim against the UK Government.

At the conclusion of the hearing, Mr Justice Chamberlain ordered that all of the material seized from the Special Advocate’s safe, and wiped from her closed laptop, must be returned to her. He also ordered a further hearing on 25 March to consider the Government’s actions.

Jesse Nicholls acts for Abu Faraj al-Libi, led by Ben Jaffey KC, instructed by Megan Phillips and Michael Oswald of Bhatt Murphy.

Click here for press coverage of the hearing.