blind-justiceFollowing a lengthy day of argument in the Bank of Mellat v HM Treasury appeal currently being heard by the Supreme Court, the Court issued a short but significant statement last night dealing with its role as an appellate court where secret judgments are concerned.
The statement, which can be found here, confirms that the Court is able to read and consider a secret judgment delivered at first instance, in this case by Mitting J, should that prove necessary so as fairly to dispose of the appeal.
The Court has promised to give reasons for its decision in due course.  In the meantime, practitioners are left to ponder the possibility that the Court will ultimately deliver a judgment based on matters that it cannot publicly explain.  Secret judgments at first instance are one thing, but the idea that the highest court in the land could deliver a decision binding on all and yet explicable to none seems altogether different.