Abdule & Ors v The Foreign And Commonwealth Office & Ors (national security - jurisdiction and status)

This is a claim by the Claimants arising from the UK Government’s alleged involvement in the detention and mistreatment of the 1st Claimant (C1) in Puntland, Somalia in or around 2013 and the alleged effect of that involvement on the children of C1 who are claimants 2 to 4 (C2-C4). The matter before me is a hearing of an application by the Claimants for the provision of a draft CLOSED defence and an OPEN defence by the Defendants prior to an anticipated hearing under s.6 of the Justice and Security Act 2013, about which I say more later.

Those familiar with this type of claim in a broad sense will be aware of the decisions in Belhaj and Boudchar v FCO [2017] EWHC 1861 (QB) and of the prior Supreme Court decision in that case ([2017] AC 964). The claim before me was stayed until the Supreme Court decision in Belhaj.

Whether an OPEN defence and/or draft CLOSED defence should be ordered to be produced by the Defendants prior to the hearing of the

Whether the law mandates that this case be released to a full puisne judge of the High Court for the s.6 hearing (Footnote: 1) because a Master has no jurisdiction and therefore there is no discretion to exercise; and

If the answer to (ii) is “no” then whether to release under the discretionary powers which this court has, after proper consideration of the relevant factors.