Justice and Security in the United Kingdom

Abstract

This article outlines the ways in which the United Kingdom manages civil litigation concerning sensitive national security material. These are: (i) the common law of public interest immunity; (ii) the use of a closed material procedure and special advocates; and (iii) the secret hearings of the Investigatory Powers Tribunal. With these existing alternatives in mind the article analyses the background to, the reasons for, and the controversies associated with the Justice and Security Act 2013, enacted in the wake of the UK Supreme Court's 2011 ruling in Al Rawi v Security Service.