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If the court agrees that disclosure would harm the public interest, the judge can rely on the "closed" evidence while the non-government party can not.
Whenever the government deploys what it euphemistically calls "closed evidence", the appellants can be represented only by government-appointed barristers known as "special advocates".
The judge said he received a considerable quantity of classified documents, and took "closed" evidence from witnesses, likely to be intelligence agents.
He added that the specially vetted lawyers known as special advocates who had been made aware of the evidence would not have been able to inform the Libyans once they emerged from a closed evidence session at Siac, even if that evidence showed that the men had a claim against the government.
While awareness, intent to buy, and volume of qualified leads are on the list, more rigorous metrics linked to P&L outcomes also belong on the marketing scorecard - accounts opened, sales closed, evidence of loyalty such as repeat purchase and recommendation to others.
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"There is a considerable quantity of closed documentary evidence in this case.
Meanwhile, the UK's Intelligence and Security Committee, which is able to take closed door evidence from domestic spy agencies, discussed the security threat from state actors in its annual report last year.
And today Ed Balls, the economic secretary, has announced that for the first time we will use closed-source evidence where it is necessary to take preventative action to freeze assets.
I can see some closed buildings and evidence that earlier rain has failed to drain away in various spots.
The judges' concern, much like my own, is that justice conducted behind closed doors with evidence hidden from view is no kind of justice at all.
Following intense lobbying by the deputy prime minister, Nick Clegg, the justice secretary, Kenneth Clarke, is to drop plans to include closed inquests with evidence heard in private in his secret courts bill due to be published on Tuesday.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com