Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2020] EWHC 130 (Admin) (30 January 2020)

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2020] EWHC 130 (Admin) (30 January 2020)

Appointment of a Special Advocate in judicial review proceedings challenging a search and seizure warrant is only justified in rare and exceptional cases. The present case does not meet that threshold, as the rights engaged are less significant than in criminal or civil adjudications, the issues are straightforward, and the statutory scheme provides adequate safeguards. There is no specific or exceptional need for a Special Advocate in this case.

Citation
[2020] EWHC 130 (Admin)
Parties
Claimant: Terra Services Limited; First Defendant: The National Crime Agency; Second Defendant: The Secretary of State for the Home Department; Third Defendant: Inner London Crown Court
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Judicial Review / Application for Appointment of Special Advocate in Closed Material Proceedings
Outcome
Application for appointment of Special Advocate refused
Legal Topics
Closed Material Proceedings, Special Advocate, Search Warrants, Judicial Review, Disclosure, Proportionality
Administrative Law Criminal Procedure Closed Material Proceedings Special Advocate Search Warrants Judicial Review Disclosure Proportionality

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Parties

Terra Services Limited

Claimant

The National Crime Agency

First Defendant

The Secretary of State for the Home Department

Second Defendant

Inner London Crown Court

Third Defendant

Procedural Posture

Judicial Review / Application for Appointment of Special Advocate in Closed Material Proceedings

Legal Issues

  1. 1 Whether the appointment of a Special Advocate is required in judicial review proceedings challenging the issue of a search and seizure warrant involving closed material

Ratio Decidendi

Appointment of a Special Advocate in judicial review proceedings challenging a search and seizure warrant is only justified in rare and exceptional cases. The present case does not meet that threshold, as the rights engaged are less significant than in criminal or civil adjudications, the issues are straightforward, and the statutory scheme provides adequate safeguards. There is no specific or exceptional need for a Special Advocate in this case.

Court Disposition

Application for appointment of Special Advocate refused

Orders

  • No Special Advocate to be appointed for the closed material proceedings in this case