Secretary of State for the Home Department v AF

Secretary of State for the Home Department v AF

Findings made by a judge at a hearing under section 3(10) of the Prevention of Terrorism Act 2005 are not binding in subsequent proceedings between the same parties; the judge in a subsequent hearing must independently assess the evidence as at the date of the new hearing, taking previous findings into account only as appropriate. There is no automatic disqualification of a judge for apparent bias solely because of prior adverse findings.

Parties
Applicant/respondent: Secretary of State for the Home Department; Respondent/appellant: AF
Jurisdiction
England and Wales
Judgment Date
22 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Control Orders, Apparent Bias, Res Judicata/issue Estoppel, Article 6 ECHR, Judicial Review
Public Law Human Rights Law Administrative Law Control Orders Apparent Bias Res Judicata/issue Estoppel Article 6 ECHR Judicial Review

Case Brief

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Parties

Secretary of State for the Home Department

Applicant/respondent

AF

Respondent/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether findings made by a judge at a hearing under section 3(10) of the Prevention of Terrorism Act 2005 are binding in subsequent proceedings between the same parties
  2. 2 Whether a judge who previously decided issues under section 3(10) is disqualified from adjudicating in subsequent proceedings due to apparent bias

Ratio Decidendi

Findings made by a judge at a hearing under section 3(10) of the Prevention of Terrorism Act 2005 are not binding in subsequent proceedings between the same parties; the judge in a subsequent hearing must independently assess the evidence as at the date of the new hearing, taking previous findings into account only as appropriate. There is no automatic disqualification of a judge for apparent bias solely because of prior adverse findings.

Court Disposition

Appeal allowed in part

Orders

  • Declaration in paragraph 3 of the High Court order set aside; declaration in paragraph 2 upheld; no replacement declaration issued.