Miranda, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2609 (Admin) (23 August 2013)

Miranda, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2609 (Admin) (23 August 2013)

Interim relief prohibiting inspection/disclosure of seized material is granted except for purposes of determining whether claimant falls within Section 40(1)(b) Terrorism Act 2000 and protecting national security; balance of convenience justifies limited exception pending full hearing.

Citation
[2013] EWHC 2609 (Admin)
Parties
Claimant: David Miranda; First Defendant: Secretary of State for the Home Department; Second Defendant: Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
23 August 2013
Procedural Posture
Judicial Review / Interim Relief Application Pending Permission and Substantive Hearing
Outcome
Interim relief granted with exceptions for terrorism investigation and national security pending inter-partes hearing.
Legal Topics
Schedule 7 Powers, Detention at Port, Protection of Journalistic Sources, Interim Relief, Balance of Convenience, National Security, European Convention on Human Rights
Public Law Human Rights Law Media Law National Security Law Schedule 7 Powers Detention at Port Protection of Journalistic Sources Interim Relief +3 more

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Parties

David Miranda

Claimant

Secretary of State for the Home Department

First Defendant

Commissioner of Police for the Metropolis

Second Defendant

Procedural Posture

Judicial Review / Interim Relief Application Pending Permission and Substantive Hearing

Legal Issues

  1. 1 Lawfulness of Schedule 7 detention and seizure of journalistic material
  2. 2 Jurisdiction of Schedule 7 powers in international transit area
  3. 3 Compatibility of Schedule 7 powers with ECHR rights

Ratio Decidendi

Interim relief prohibiting inspection/disclosure of seized material is granted except for purposes of determining whether claimant falls within Section 40(1)(b) Terrorism Act 2000 and protecting national security; balance of convenience justifies limited exception pending full hearing.

Court Disposition

Interim relief granted with exceptions for terrorism investigation and national security pending inter-partes hearing.

Orders

  • Defendants prohibited from inspecting, copying, disclosing, transferring, distributing, or interfering with seized data except for determining if claimant falls within Section 40(1)(b) Terrorism Act 2000 and for protecting national security until 30 August 2013.
  • Defendants to serve evidence by 27 August 2013; interim relief hearing listed for 30 August 2013.