Mohamed, R (on the application of) and The Secretary of State for Foreign and Commonwealth Affairs - index for 10 February 2010

10 February 2010

Judgment Index
(by paragraph number)

Lord Chief Justice of England and Wales 1 – 9

• Terrorism 10 – 13
• Torture 14 - 24
• The claim for disclosure 25 - 33
• Open Justice 34 - 42
• Control Principle 43 - 47
• Conclusion 48 - 58

Master of the Rolls 59

• The factual and procedural history 60 - 73
  • The first and second certificates and events leading up to the fourth judgment
    74 - 81
  • The fourth judgment 82 - 90
  • The third certificate, the CIA letter, Mr Halperin and Secretary of State Clinton 91 - 102
  • The fifth judgment 103 - 114
  • This appeal and Judge Kessler's memorandum opinion in the US 115 - 128
  • Discussion and analysis
  • The role of the court and the executive 129 - 135
  • Summary of my conclusion on this appeal 136 - 141
  • Before Judge Kessler's Opinion: the risk to national security: the fifth judgment 142 - 153
  • Before Judge Kessler's Opinion: the risk to national security: assessment 154 - 174
  • The public interest in the redacted paragraphs being disclosed 175 - 185
  • Before Judge Kessler's Opinion: the balancing exercise 186 - 191
  • The risk to national security in the light of Judge Kessler's Opinion 192 - 203
• Concluding remarks 204 - 207

Sir Anthony May

• Introduction 208 - 209
• The Divisional Court's six judgments 210 - 259
• Satellite litigation 260 - 261
• The issue and points of principle 262
• Grounds of Appeal 263
• The relevant time 264
• The first ground of appeal 265 - 283
• Discussion 284 - 290

• Judge Kessler's Memorandum Opinion 291 - 296