A & Ors v HM Treasury [2008] EWCA Civ 1187 (30 October 2008)

A & Ors v HM Treasury [2008] EWCA Civ 1187 (30 October 2008)

The inclusion of 'or may be' in the TO exceeded the powers conferred by the United Nations Act 1946 and Security Council Resolution 1373, rendering the TO ultra vires to that extent. The test of reasonable suspicion is lawful provided procedural safeguards exist. The Orders must be severed to remove the offending...

Source-derived case information.

Citation
[2008] EWCA Civ 1187
Parties
Applicants/respondents: A, K, M, Q & G; Respondent/appellant: H. M. Treasury
Jurisdiction
England and Wales
Judgment Date
30 October 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed in part; Orders severed.
Legal Topics
Ultra Vires, Asset Freezing, Terrorism, Procedural Safeguards, Severability, European Union Law
Public Law Administrative Law Human Rights Law International Law Ultra Vires Asset Freezing Terrorism Procedural Safeguards +2 more

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Summary, issues, holding and outcome

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Parties

A, K, M, Q & G

Applicants/respondents

H. M. Treasury

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Terrorism (United Nations Measures) Order 2006 (TO) and Al-Qaida and Taliban (United Nations Measures) Order 2006 (AQO) are ultra vires the United Nations Act 1946
  2. 2 Whether procedural safeguards in the TO are sufficient
  3. 3 Whether criminal offences under the Orders satisfy legal certainty and proportionality

Ratio Decidendi

The inclusion of 'or may be' in the TO exceeded the powers conferred by the United Nations Act 1946 and Security Council Resolution 1373, rendering the TO ultra vires to that extent. The test of reasonable suspicion is lawful provided procedural safeguards exist. The Orders must be severed to remove the offending words, not quashed in entirety.

Court Disposition

Appeal dismissed in part; Orders severed.

Orders

  • The words 'or may be' are excised from article 4(2) of the TO.
  • Directions made against applicants by HM Treasury are quashed.