The Duke of Sussex, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 548 (02 May 2025)

The Duke of Sussex, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 548 (02 May 2025)

RAVEC was entitled, in the unique circumstances of the Claimant's change of status and residence, to depart from its usual policy of commissioning a risk analysis from the Risk Management Board before withdrawing protective security. The bespoke arrangements and the reasons given by the decision makers were sufficient and justified in law. The Claimant was not in an analogous position to others in the 'Other VIP Category', and no unlawful discrimination occurred.

Citation
[2025] EWCA Civ 548
Parties
Claimant/appellant: The Duke of Sussex; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Departure From Policy, Protective Security, Legitimate Expectation, Deference to Executive, Equality and Comparators
Public Law Administrative Law National Security Judicial Review Departure From Policy Protective Security Legitimate Expectation Deference to Executive +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

The Duke of Sussex

Claimant/appellant

The Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether RAVEC lawfully departed from its policy (ToR 2017) by not commissioning a risk analysis from the Risk Management Board before withdrawing protective security for the Claimant
  2. 2 Whether the Claimant was unlawfully treated differently from others in the 'Other VIP Category'
  3. 3 What is the correct legal standard for departing from a justiciable policy

Ratio Decidendi

RAVEC was entitled, in the unique circumstances of the Claimant's change of status and residence, to depart from its usual policy of commissioning a risk analysis from the Risk Management Board before withdrawing protective security. The bespoke arrangements and the reasons given by the decision makers were sufficient and justified in law. The Claimant was not in an analogous position to others in the 'Other VIP Category', and no unlawful discrimination occurred.

Court Disposition

Appeal dismissed

Orders

  • No declaration of unlawfulness granted
  • Protective security arrangements for the Claimant as determined by RAVEC upheld