Mohamed, R (on the application) - v - Secretary of State for Foreign and Commonwealth Affairs - 10 February 2010 summary
Court of Appeal (Civil Division) on Appeal from the Divisional Court
Summary of the judgments given on 10 February 2010
The Queen on the application of Binyam Mohamed
- and -
The Secretary of State for Foreign and Commonwealth Affairs
- As the Lord Chief Justice explains, this appeal raises issues concerned with terrorism (paragraphs 10 to 13), torture (paragraphs 14 to 24), and open justice (paragraphs 37 to 42).
- The facts giving rise to this appeal are set out in paragraphs 25 to 33 of the judgment of the Lord Chief Justice, and are more fully set out in paragraphs 60 to 128 of the judgment of the Master of the Rolls, and paragraphs 210 to 259 of Sir Anthony May.
- The issue was whether, as the Foreign Secretary contended, seven short subparagraphs should be removed from the published version of a judgment, given by the High Court on 21 August 2008, on the ground that their publication would infringe the control principle (which is explained in paragraphs 43 to 47 of the judgment of the Lord Chief Justice).
- All three members of the Court of Appeal upheld the High Court’s decision, given on 16 October 2009, that the seven paragraphs should be published. The Lord Chief Justice’s reasons are in paragraphs 48 to 56; the Master of the Rolls’ reasons are summarised in paragraphs 136 to 141, and are given in more detail in paragraphs 142 to 203, and Sir Anthony May’s reasons are in paragraphs 265 to 295.
- In paragraphs 5, 6, and 51 the Lord Chief Justice deals with the suggestion made at the hearing that the High Court’s decision of 16 October 2009 was “irresponsible”, and the Master of the Rolls agrees with him at paragraph 205.
