Opening Up Closed Judgments

It is increasingly common for closed material procedures (CMPs) to be used in civil cases where national security issues arise. Judgments in these cases will be closed and not available to the public, some of the parties, or some of the lawyers.

Over time, though, there may not be grounds for closure because the danger to national security will pass. However, the law does not presently provide for review of judgments to see if they might later be opened.

This project aims to remedy that shortcoming by working with stakeholders to devise a practical evidence-based system that will enable closed judgments to be reviewed and if there is no longer a danger to national security for those judgments to be opened.

The project is funded by the Joseph Rowntree Charitable Trust and conducted jointly with the University of York.

The project will report in 2019.

Read / download:

Closed judgments: security, accountability and court processes  (25 January 2019)