Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors [2020] EWHC 1640 (Admin) (24 June 2020)

Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors [2020] EWHC 1640 (Admin) (24 June 2020)

Permission for judicial review was refused on the grounds relating to the NCA's authorisation and the warrant, as no arguable case was established that the authorisation was justiciable or that the warrant application failed in disclosure or statutory compliance. Permission was granted on the direction issue due to arguable support from Propend, but the application was dismissed as the statutory scheme permits alternative directions and does not require the UKCA to make the operational assessment reserved for the executing authority.

Citation
[2020] EWHC 1640 (Admin)
Parties
Claimant: Terra Services Limited; First Defendant: National Crime Agency; Second Defendant: Secretary of State for the Home Department; Third Defendant: Inner London Crown Court
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Judicial Review / Permission and Substantive Hearing (rolled Up)
Outcome
Permission for judicial review refused on authorisation and warrant grounds; permission granted but claim dismissed on direction ground.
Legal Topics
Search Warrants, Legal Professional Privilege, Mutual Legal Assistance, Police Powers, Disclosure Obligations, Statutory Interpretation
Criminal Law Public Law Judicial Review International Cooperation Search Warrants Legal Professional Privilege Mutual Legal Assistance Police Powers +2 more

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Parties

Terra Services Limited

Claimant

National Crime Agency

First Defendant

Secretary of State for the Home Department

Second Defendant

Inner London Crown Court

Third Defendant

Procedural Posture

Judicial Review / Permission and Substantive Hearing (rolled Up)

Legal Issues

  1. 1 Whether the NCA's authorisation for covert search was lawful and justiciable in judicial review proceedings
  2. 2 Whether the Secretary of State's direction under section 13 of the Crime (International Cooperation) Act 2003 was lawful
  3. 3 Whether the application for and grant of the PACE search warrant was lawful, including compliance with disclosure and statutory criteria

Ratio Decidendi

Permission for judicial review was refused on the grounds relating to the NCA's authorisation and the warrant, as no arguable case was established that the authorisation was justiciable or that the warrant application failed in disclosure or statutory compliance. Permission was granted on the direction issue due to arguable support from Propend, but the application was dismissed as the statutory scheme permits alternative directions and does not require the UKCA to make the operational assessment reserved for the executing authority.

Court Disposition

Permission for judicial review refused on authorisation and warrant grounds; permission granted but claim dismissed on direction ground.

Orders

  • Permission for judicial review refused as against the NCA (authorisation and warrant grounds).
  • Permission for judicial review granted as against the Secretary of State (direction ground) but claim dismissed.