Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors

Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors

Permission for judicial review was refused on the Authorisation and Warrant because no arguable grounds were established: the Authorisation was not justiciable in this forum, the Warrant met statutory requirements, and disclosure failures were not material. Permission was granted on the Direction due to arguable support from Propend, but the application was dismissed because the statutory scheme permits alternative directions and does not require the UKCA to specify a single measure. Propend was not followed.

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 / Judgment on Permission and Substantive Application
Outcome
Permission for judicial review refused on Authorisation and Warrant; granted on Direction but application dismissed.
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 / Judgment on Permission and Substantive Application

Legal Issues

  1. 1 Whether the NCA's Authorisation for covert search was lawful and subject to judicial review
  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 Authorisation and Warrant because no arguable grounds were established: the Authorisation was not justiciable in this forum, the Warrant met statutory requirements, and disclosure failures were not material. Permission was granted on the Direction due to arguable support from Propend, but the application was dismissed because the statutory scheme permits alternative directions and does not require the UKCA to specify a single measure. Propend was not followed.

Court Disposition

Permission for judicial review refused on Authorisation and Warrant; granted on Direction but application dismissed.

Orders

  • Permission to apply for judicial review refused in relation to the Authorisation and the Warrant.
  • Permission granted in relation to the Direction, but application for judicial review dismissed.