A v B

A v B

The Administrative Court does not have jurisdiction to entertain Article 10 ECHR claims against the Security Service; such claims must be brought before the Investigatory Powers Tribunal as mandated by RIPA s.65(2)(a). The statutory scheme created by the HRA and RIPA from 2 October 2000 assigned exclusive jurisdiction to the IPT for these matters.

Parties
Claimant/respondent: A; Defendant/appellant: B
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Civil Appeal / Appeal From Administrative Court on Jurisdictional Issue
Outcome
Appeal allowed
Legal Topics
Jurisdiction of Investigatory Powers Tribunal, Article 10 ECHR, Judicial Review, Regulation of Investigatory Powers Act 2000, Human Rights Act 1998
Constitutional Law Human Rights Law Administrative Law Jurisdiction of Investigatory Powers Tribunal Article 10 ECHR Judicial Review Regulation of Investigatory Powers Act 2000 Human Rights Act 1998

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Parties

A

Claimant/respondent

B

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Administrative Court on Jurisdictional Issue

Legal Issues

  1. 1 Whether the Administrative Court has jurisdiction to hear Article 10 ECHR claims against the Security Service or if exclusive jurisdiction lies with the Investigatory Powers Tribunal under RIPA s.65(2)(a)
  2. 2 Interpretation of 'the only appropriate tribunal' in RIPA s.65(2)(a) and its effect on court jurisdiction

Ratio Decidendi

The Administrative Court does not have jurisdiction to entertain Article 10 ECHR claims against the Security Service; such claims must be brought before the Investigatory Powers Tribunal as mandated by RIPA s.65(2)(a). The statutory scheme created by the HRA and RIPA from 2 October 2000 assigned exclusive jurisdiction to the IPT for these matters.

Court Disposition

Appeal allowed

Orders

  • Orders of Collins J on 4 July 2008 set aside
  • Declaration that the Administrative Court has no jurisdiction to entertain the Article 10 claim