Adam Tomkins

Justice and Security in the United Kingdom

This paper outlines the ways in which the United Kingdom manages civil litigation concerning sensitive national security material. These are: the common law of public interest immunity; the use of closed material procedure and special advocates; and the secret hearings of the Investigatory Powers Tribunal. With these existing alternatives in mind the paper analyses the background, the reasons for, and the controversies associated with the Justice and Security Act 2013, enacted in the wake of the UK Supreme Court’s 2011 ruling in Al Rawi v Security Service. The paper argues that, despite presenting a number of challenges, the Justice and Security Act is nothing like the threat to the rule of law that has been claimed by the legislation’s most vociferous critics.

Environmental Protection v the Right of Abode: A Case-Study in the Misuse of Power

The Chagossian people were illegally exiled from their homeland in the 1960s and 1970s. This paper argues that the decision of the UK Government in 2010 to establish a no-take marine protected area covering most of the Chagos archipelago was taken, at least in part, to ensure that the islands remained de-populated, and that, despite court rulings to the contrary, on a proper analysis this decision was likewise unlawful.

Terrorist asset-freezing : continuing flaws in the current scheme.

The Terrorist Asset-Freezing etc Act 2010 came into force on 17 December 2010. The 2010 Act repealed the previous Temporary Provisions Act. This article does not purport to provide comprehensive coverage of the Act; it outlines four main areas of concern that arose in respect of the Draft Terrorist Asset-Freezing Bill and that now arise in respect of the Terrorist Asset-Freezing etc Act 2010. In summary, these are as follows: problems of parliamentary scrutiny relating to the scope of the Act; problems relating to the reasonable suspicion test; problems relating to judicial process; problems relating to ECHR rights.