The Closed Material Procedure (CMP) allows an employer to disclose information to a Special Advocate but not to the claimant if the disclosure would be contrary to, e.g. the interests of national security.
A Special Advocate is an appointed lawyer who is instructed to represent the claimant in relation to the information that is kept secret from the claimant and their legal representative.
In Home Office v Tariq [2010] EWCA Civ 462, the Court of Appeal held that the CMP was lawful and did not breach any EU law or Mr Tariq’s right to a fair trial under the Human Rights Act 1998.
The Court of Appeal added that since the Home Office intended to use the undisclosed information as its defence against Mr Tariq’s tribunal claim – it was required to provide a gist of that information to Mr Tariq – to ensure that he had a fair trial.
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