The Duke of Sussex, R (on the application of) v The Secretary of State for The Home Department

The Duke of Sussex, R (on the application of) v The Secretary of State for The Home Department

RAVEC, in the unique circumstances of the Claimant stepping back from Royal duties and residing abroad, had good reason to depart from its usual policy of commissioning a risk analysis from the Risk Management Board. The bespoke security arrangements for the Claimant's visits to the UK were lawful, and the Claimant was not unlawfully treated differently from individuals in the 'Other VIP Category'. The court must accord significant deference to the expertise of decision makers in matters of national and Royal security.

Parties
Claimant/appellant: The Duke of Sussex; Defendant/respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Departure From Policy, Royal Security, Legitimate Expectation, Deference to Executive, Equality and Analogous Treatment
Administrative Law Public Law National Security Judicial Review Departure From Policy Royal Security Legitimate Expectation Deference to Executive +1 more

Case Brief

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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 had good reason to depart from its Terms of Reference 2017 by not commissioning a risk analysis from the Risk Management Board before withdrawing security for the Claimant
  2. 2 Whether the Claimant was unlawfully treated differently from individuals in the 'Other VIP Category'
  3. 3 Whether the bespoke security arrangements for the Claimant on visits to the UK were unlawful

Ratio Decidendi

RAVEC, in the unique circumstances of the Claimant stepping back from Royal duties and residing abroad, had good reason to depart from its usual policy of commissioning a risk analysis from the Risk Management Board. The bespoke security arrangements for the Claimant's visits to the UK were lawful, and the Claimant was not unlawfully treated differently from individuals in the 'Other VIP Category'. The court must accord significant deference to the expertise of decision makers in matters of national and Royal security.

Court Disposition

Appeal dismissed