Heading

Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
THE HON. MRS JUSTICE STEYN DBE
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Between :
THE KING (on the application of WITNESS IIA126)
Claimant
- and -
CHAIR OF THE INDEPENDENT INQUIRY RELATING TO AFGHANISTAN
Defendant
- and -
(1) SECRETARY OF STATE FOR DEFENCE
(2) THE AFGHAN FAMILIES
(3) THE GREEN HEARING RESTRICTION ORDER APPLICANT(S)
Interested Parties
- and -
THE ROYAL MILITARY POLICE
Applicant
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Kate Grange KC, Caroline Stone and Max Mills (instructed by the Government Legal Department) for the Claimant
Jonathan Glasson KC, Jonathan Polnay KC and Paul Skinner (instructed by the Solicitor to the Independent Inquiry Relating to Afghanistan) for the Defendant
Andrew O’Connor KC, Steven Gray and Edward Pleeth (instructed by the Government Legal Department) for the First Interested Party
Helen Law, Jessica Jones and Sarah Dobbie (instructed by Leigh Day) for the Second Interested Party
Matthew Butt KC (instructed by Kingsley Napley) for the Third Interested Party
Paul Greaney KC, John Goss and Paige Jones (instructed by the Government Legal Department) for the Applicant
Hearing date: 3 October 2025
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Approved Judgment
This judgment was handed down remotely at 10.30am on 3 November 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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THE HON. MRS JUSTICE STEYN DBE
MRS JUSTICE STEYN:
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- 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
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