Ansari, R (On the Application Of) v Chief Constable of North Wales Police & Anor [2026] EWHC 472 (Admin) (04 March 2026)

Ansari, R (On the Application Of) v Chief Constable of North Wales Police & Anor [2026] EWHC 472 (Admin) (04 March 2026)

The disclosure standard in AF (No. 3) does not apply to this case because the proceedings do not involve coercive executive measures directly restricting the claimant's liberty or property, but rather concern the lawfulness of a search and retention of data under Schedule 7 to the Terrorism Act 2000. The correct approach is to apply the statutory closed material procedure, ensuring that information is not disclosed in a way that would be damaging to national security. The involvement of a special advocate provides sufficient procedural protection.

Citation
[2026] EWHC 472 (Admin)
Parties
Claimant: Fahad Ansari; First Defendant: Chief Constable of North Wales Police; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
04 March 2026
Procedural Posture
Judicial Review / Substantive Judgment After Hearing on Disclosure Standard
Outcome
Claim dismissed as to the application of the AF (No. 3) disclosure standard.
Legal Topics
Disclosure in Closed Material Proceedings, Article 6 ECHR, Schedule 7 Terrorism Act 2000, Legal Professional Privilege, Judicial Review of Police Powers
Public Law Human Rights Law National Security Law Disclosure in Closed Material Proceedings Article 6 ECHR Schedule 7 Terrorism Act 2000 Legal Professional Privilege Judicial Review of Police Powers

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Parties

Fahad Ansari

Claimant

Chief Constable of North Wales Police

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Substantive Judgment After Hearing on Disclosure Standard

Legal Issues

  1. 1 Does the disclosure standard in AF (No. 3) apply to judicial review proceedings challenging the stop, search, and retention of a solicitor's mobile phone under Schedule 7 to the Terrorism Act 2000?
  2. 2 Is the claimant entitled to a sufficient gist of the case against him to enable him to disprove it, even if disclosure would be damaging to national security?

Ratio Decidendi

The disclosure standard in AF (No. 3) does not apply to this case because the proceedings do not involve coercive executive measures directly restricting the claimant's liberty or property, but rather concern the lawfulness of a search and retention of data under Schedule 7 to the Terrorism Act 2000. The correct approach is to apply the statutory closed material procedure, ensuring that information is not disclosed in a way that would be damaging to national security. The involvement of a special advocate provides sufficient procedural protection.

Court Disposition

Claim dismissed as to the application of the AF (No. 3) disclosure standard.

Orders

  • It is declared that neither defendant is required to give any disclosure which would be damaging to the interests of national security.