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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 July 2021

A Core Irreducible Minimum? The Operation of the AF (No. 3)

A Core Irreducible Minimum? The Operation of the AF (No. 3)

Duty in the Closed Material Procedure

Chapter:
(p.255) 18 A Core Irreducible Minimum? The Operation of the AF (No. 3)
Source:
The Civil Procedure Rules at 20
Author(s):

Hayley J. Hooper

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198863182.003.0018

The landmark House of Lords ruling in Home Secretary v AF (No. 3) [2009] UKHL 28 imposed a ‘core irreducible minimum’ of disclosure (the AF (No. 3) duty) to suspects challenging a control order in judicial review proceedings which necessitated a closed material procedure (CMP) for national security reasons. This chapter outlines the application and impact of that decision in respect of the many other types of proceedings which require a CMP in national security and related contexts. It argues that the judicial treatment of the duty has been inconsistent, meaning that the enhanced procedural protection offered by the AF (No. 3) duty is often not present when the circumstances faced by the litigant are the most serious.

Keywords:   civil procedure, national security, closed material procedures, procedural fairness, natural justice, disclosure, open justice

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