Mellat v Her Majesty's Treasury (Rev 1)

Mellat v Her Majesty's Treasury (Rev 1)

The standard of disclosure described and applied by the House of Lords in AF (No 3) [2009] 3 WLR 74 applies; the Treasury must provide sufficient disclosure to enable Bank Mellat to give effective instructions about the essential allegations against it. The Judge applied the correct test and the appeals are dismissed.

Parties
Applicant/respondent: Bank Mellat; Respondent/appellant: Her Majesty’s Treasury; Intervener: IRISL (Intervening party); Special Advocates: Special Advocates
Jurisdiction
England and Wales
Judgment Date
04 May 2010
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court (queen’s Bench Division, Administrative Court)
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Disclosure Obligations, Article 6 ECHR (fair Trial), Closed Material Procedures, Counter Terrorism Act 2008, Financial Restrictions
Public Law Human Rights Law Banking Law Disclosure Obligations Article 6 ECHR (fair Trial) Closed Material Procedures Counter Terrorism Act 2008 Financial Restrictions

Case Brief

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Parties

Bank Mellat

Applicant/respondent

Her Majesty’s Treasury

Respondent/appellant

IRISL (Intervening party)

Intervener

Special Advocates

Special Advocates

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court (queen’s Bench Division, Administrative Court)

Legal Issues

  1. 1 Whether the standard of disclosure required of Her Majesty’s Treasury is the same as that required of the Home Secretary under Article 6 ECHR as interpreted in AF (No 3) [2009] UKHL 28
  2. 2 Whether the Judge applied the disclosure requirements correctly in this case

Ratio Decidendi

The standard of disclosure described and applied by the House of Lords in AF (No 3) [2009] 3 WLR 74 applies; the Treasury must provide sufficient disclosure to enable Bank Mellat to give effective instructions about the essential allegations against it. The Judge applied the correct test and the appeals are dismissed.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • The standard of disclosure as described in AF (No 3) applies to this case.
  • No further orders; both appeals dismissed.