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Appointment of special advocates
Appointment of special advocates
Special advocates are required to be appointed to represent the interests of any excluded parties in any CMP held pursuant to the JSA 2013. Given the nature of the exercise, it is clearly necessary that their appointment should extend to the full CMP, encompassing that part of the CMP which will be held pursuant to the inherent jurisdiction as well as the statutory CMP. Any other course would be unworkable and contrary to the interests of justice.
Accordingly, I will invite the Attorney General to appoint a special advocate to represent the interests of the Claimant, and a special advocate to represent the interests of the Afghan Families, in any future CLOSED hearings, including any further case management hearings to determine outstanding matters (including the Claimant’s disclosure application) prior to the Court’s consideration of permission.
- Heading
- Introduction
- Al Rawi v Security Service
- The Justice and Security Act 2013
- Haralambous
- Developments since Haralambous
- Interaction between the JSA 2013 and the Haralambous jurisdiction
- Is the Haralambous jurisdiction based on common law or statute?
- What follows from identifying the Haralambous jurisdiction as being derived from the common law?
- Is it permissible to adopt a CMP pursuant to both jurisdictions?
- Application of the law to this case
- Should the court make directions enabling a Haralambous CMP in respect of non-national security material?
- Appointment of special advocates
- Conclusions