M, R (on the application of) v Secretary of State for the Home Department
[2023] EWHC 1156 (Admin)
Andrew Hale-Byrne v Secretary of State for Business and Trade & Anor
24 April 2024
[2024] EWHC 942 (KB)
High Court
A former government worker claims he was wrongly arrested to cover up a scandal. The government wants to use secret information in court. A judge agreed this secret information is needed to fairly decide the case, so they can use it, but with special safeguards to protect the worker's rights.
Key Facts
- •Andrew Hale-Byrne, a former civil servant, was arrested on suspicion of leaking diplomatic telegrams.
- •The arrest followed a search of his home by an armed police team.
- •Hale-Byrne claims that named officials falsely implicated him to distract from negative press coverage of Sir Kim Darroch.
- •Hale-Byrne's claim includes misfeasance in public office, breach of ECHR articles, and unlawful data processing.
- •The defendants applied for a closed material procedure (CMP) under s. 6 of the Justice and Security Act 2013.
Legal Principles
A s. 6 declaration under the Justice and Security Act 2013 can be made if (1) disclosure of sensitive material is required and (2) it's in the interests of justice.
Justice and Security Act 2013, s. 6(1), (4), (5)
The court respects the Secretary of State's assessment of national security damage from disclosure, unless there's public law error.
R (Begum) v Special Immigration Appeals Commission [2021] AC 765, [70]
If a PII application would likely succeed, the claim may be struck out (Carnduff v Rock). The seriousness of allegations can support a CMP.
Carnduff v Rock [2001] 1 WLR 1786; Belhaj v Straw [2017] EWHC 1861 (QB), [28]
CMP is a derogation from common law fairness, only permitted where no viable alternative exists.
Claimant's submissions
Outcomes
The court granted a s. 6 declaration allowing for a closed material procedure.
Disclosure of material relevant to Hale-Byrne's arrest would damage national security, and the claim cannot be fairly determined without access to this material. The court considered the potential for the claim to fail or be struck out without a CMP.
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