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28 Jul 2011, 12:35 pm by Lawrence Solum
Galit Raguan (Berkeley Law) has posted Masquerading Justiciability: The Misapplication of State Secrets Doctrine in Mohamed v. [read post]
29 Aug 2008, 8:09 am
R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295 “The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in… [read post]
5 Aug 2009, 2:35 am
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 2 “The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Comrs [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific [...] [read post]
17 Feb 2010, 5:07 am by michael
Regina (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs Court of Appeal “It was for the court to determine whether a government claim of serious damage to national security required parts of the reasons in its judgment should be left out. [read post]
26 Mar 2009, 3:28 am
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110 “Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential [...] [read post]
6 Feb 2009, 2:33 am
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36 “A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the [...] [read post]
4 Sep 2008, 8:29 am
R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300 “In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court's discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the… [read post]
17 Aug 2013, 4:15 am by Raffaela Wakeman
, Lawfare returns to Fort Meade, for a week’s worth of CCTV-broadcasted-from-Guantanamo pre-trial hearings in United States v. [read post]
28 Sep 2021, 6:01 am by Unreported Opinions
Criminal procedure — Coram nobis — Ineffective advice from counsel Mohamed Pateh Bah pleaded guilty in 2007 to two felony counts relating to the possession and distribution of counterfeit compact discs and digital video disks. [read post]
17 Apr 2017, 6:16 am by Daily Record Staff
Criminal procedure — Jury instruction — Unanimity Following a jury trial in the Circuit Court for Prince George’s County, appellant, Mohammed Sahid Sesay, was found guilty of second-degree rape and second-degree sexual offense. [read post]
12 Feb 2010, 2:38 am by traceydennis
R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31 “As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all… [read post]
24 Oct 2008, 8:41 am
R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323 “In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US… [read post]
19 Aug 2013, 6:50 am by Raffaela Wakeman
Brigadier General Mark Martins’s statement regarding this week’s hearings in United States v. [read post]
22 Mar 2012, 4:02 am by sally
Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92 “The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged… [read post]