header-logo header-logo

Human rights

09 December 2016
Issue: 7726 / Categories: Case law , Law digest , In Court
printer mail-detail

R (on the application of K and others) v Secretary of State for Defence and another [2016] EWCA Civ 1149, [2016] All ER (D) 133 (Nov)

The Court of Appeal allowed the appeal of three Afghan nationals who had brought proceedings on the basis that they had worked for the defendant secretaries of state as covert human intelligence sources. The Divisional Court had, in earlier proceedings, refused the claimants’ application for further disclosure on the ground that the claims relied on by the claimants had not engaged art 6 of the European Convention on Human Rights. The Court of Appeal held that the Divisional Court had erred in that the resolution of the claimants’ public law claim constituted a determination of their “civil rights”, within the meaning of Art 6 of the Convention and, accordingly, fell within the ambit of the Justice and Security Act 2013. Accordingly, the court held that there would have to be such disclosure as was necessary for the claimants to have the fair hearing to which Art 6 entitled them, and that, if

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll