Fahad Ansari, R (on the application of) v Chief Constable of North Wales Police & Anor

Fahad Ansari, R (on the application of) v Chief Constable of North Wales Police & Anor

The AF (No. 3) disclosure standard does not apply because the proceedings challenge a search and retention of data, which is not a coercive measure imposing serious restrictions on liberty or property. The claimant's substantive legal position is not affected, and the case falls within the category of search and seizure cases where the special advocate regime and statutory closed material procedures suffice. Disclosure damaging to national security is not required.

Parties
Claimant: Fahad Ansari; First Defendant: Chief Constable of North Wales Police; Second Defendant: Secretary of State for the Home Department; Special Advocate: Dominic Lewis
Jurisdiction
England and Wales
Judgment Date
03 April 2026
Procedural Posture
Judicial Review / Ruling on Disclosure Standard
Outcome
Disclosure standard in AF (No. 3) does not apply; no disclosure damaging to national security required.
Legal Topics
Disclosure Standards, Closed Material Proceedings, Article 6 ECHR, Legal Professional Privilege, Search and Seizure
Human Rights National Security Civil Procedure Disclosure Standards Closed Material Proceedings Article 6 ECHR Legal Professional Privilege Search and Seizure

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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

Dominic Lewis

Special Advocate

Procedural Posture

Judicial Review / Ruling on Disclosure Standard

Legal Issues

  1. 1 Does the AF (No. 3) disclosure standard apply to the claimant's challenge regarding the seizure and retention of his mobile phone data under Schedule 7 of the Terrorism Act 2000?
  2. 2 Is the claimant entitled to sufficient disclosure to enable him to refute the case against him, even if damaging to national security?

Ratio Decidendi

The AF (No. 3) disclosure standard does not apply because the proceedings challenge a search and retention of data, which is not a coercive measure imposing serious restrictions on liberty or property. The claimant's substantive legal position is not affected, and the case falls within the category of search and seizure cases where the special advocate regime and statutory closed material procedures suffice. Disclosure damaging to national security is not required.

Court Disposition

Disclosure standard in AF (No. 3) does not apply; no disclosure damaging to national security required.

Orders

  • Neither defendant is required to give any disclosure which would be damaging to the interests of national security.