QB-2022-000174 - [2025] EWHC 1669 (KB)
Fecha: 02-Jul-2025
Conclusions
Conclusions and direction
Our conclusions are summarised in the opening section of this judgment, which we do not repeat. Whilst we accept the genuineness of the apologies proffered on behalf of MI5, the fact remains that this case has raised serious issues. MI5 gave false evidence to three courts. This was compounded by inadequate attempts to explain the circumstances. MI5 chose to maintain NCND long after it was unrealistic to do so.
The special advocates are to be commended for the central role that they have played in bringing these matters to light, as are Mr De Simone and the BBC (and its legal team). It is to be hoped that events such as these will never be repeated.
We direct that a copy of this judgment be sent to the Secretary of State for the Home Department, who has Ministerial responsibility for MI5, and to the Investigatory Powers Commissioner.
- Heading
- Baroness Carr of Walton-on-the-Hill (Lady Chief Justice of England and Wales), Dame Victoria Sharp (President of the King’s Bench Division) and Mr Justice Chamberlain
- Legal context
- The importance of NCND
- What happened in this case
- Why it mattered whether MI5 had confirmed X’s CHIS status
- How the false evidence came to light
- MI5’s explanations and investigations
- Further OPEN disclosure
- Findings and conclusions Who was misled?
- The unrealistic maintenance of NCND
- The manner in which the court was informed about MI5’s investigations
- The adequacy of the investigations
- Contempt of court
- Corporate witness statements
- Conclusions