*Fawwaz v Secretary of State for the Home Department

Evidence – Foreign tribunal. The claimant faced a number of counts of conspiracy in New York relating to terrorist attacks in the 1990s, in particular, the bombing of the United States embassies in Kenya and Tanzania. The defendant Secretary of State refused to accede to letters rogatory issued by the New York judge, seeking intelligence material said to be held by the Security Service relating to the claimant on the grounds of national security. The Divisional Court, in dismissing the claimant's application for judicial review, held that the Secretary of State's refusal to accede to the letters rogatory had been lawful.

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