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Rowena Wisniewska Sethi has published a new analysis for LexisNexis on the High Court’s decision in R (Witness IIA126) v Chair of the Afghan Inquiry.

The Administrative Court refused applications for further specific disclosure and confidentiality rings in judicial review proceedings challenging restrictions imposed by the Independent Inquiry relating to Afghanistan. It confirmed that disclosure in judicial review is required only where necessary for fair and just determination. While national security material is governed by the statutory closed material procedure, the court must independently balance competing public interests when considering other sensitive material under its inherent jurisdiction. The judgment highlights the importance of special advocates and judicial supervision in safeguarding procedural fairness without compromising confidentiality. Practitioners should carefully assess the necessity of disclosure applications and the risks associated with proposed confidentiality arrangements. 

Read the full analysis here.

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    Rowena Wisniewska Sethi

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