QB-2022-000174 - [2025] EWHC 1669 (KB)

Who was misled?

It is apparent from the material that we have seen that the High Court, the special advocates, the IPT and the Investigatory Powers Commissioner were all misled on the key question whether MI5 had departed from NCND in relation to X’s CHIS status.

The evidence that we have seen makes clear that both the special advocates and the Investigatory Powers Commissioner (and his investigators) considered, on the basis of the contemporaneous documents, that it was likely that NCND had been waived. But both were met with clear denials. In the face of those denials, neither could take the matter any further.

This shows that each of the independent mechanisms designed to scrutinise the activities of MI5 is dependent on high standards of candour by MI5 itself. Any evidence of a departure from these standards must be promptly and effectively investigated.