A Lawyer Writes

A Lawyer Writes

Secret courts in crisis

Most special advocates will not accept new work in closed civil proceedings

Joshua Rozenberg's avatar
Joshua Rozenberg
May 09, 2024
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Most special advocates in England and Wales and in Northern Ireland have told ministers that they will not take on any new cases until the government provides proper support for the system of secret justice.

Special advocates are security-cleared lawyers who are appointed to represent the interests of parties excluded from closed civil proceedings. The decision not to accept new work has been taken by 25 of them, including 16 KCs.

Image by Tim Green, Halifax Town Hall, 2008

Just two weeks ago, a High Court judge explained why he had made an order that could mean special advocates would represent the interests of a former civil servant who had been suspected of leaking official secrets. That order may be frustrated if no special advocate can be found.1

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