Bank Mellat v HM Treasury

Bank Mellat v HM Treasury

The Order was proportionate to the legitimate aim of inhibiting Iran's nuclear weapons programme, justified by the high value of the national interest, and rationally connected to that aim. The statutory procedure did not require prior representations, and the combination of Parliamentary approval and subsequent judicial review satisfied procedural fairness and ECHR requirements. No material irrelevant considerations were taken into account, and the Order was not discriminatory. The appeal is dismissed.

Parties
Appellant: Bank Mellat; Respondent: HM Treasury
Jurisdiction
England and Wales
Judgment Date
13 January 2011
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Proportionality, Procedural Fairness, Judicial Review, Asset Freezing, Discrimination, Due Process
Administrative Law Human Rights Law Banking Law Proportionality Procedural Fairness Judicial Review Asset Freezing Discrimination +1 more

Case Brief

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Parties

Bank Mellat

Appellant

HM Treasury

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Financial Restrictions (Iran) Order 2009 was disproportionate under paragraph 9(6) of Schedule 7 to the Counter-Terrorism Act 2008
  2. 2 Whether the Order was made in breach of procedural fairness at common law and under the ECHR (Article 6 and Article 1 Protocol 1)
  3. 3 Whether irrelevant considerations were taken into account in making the Order

Ratio Decidendi

The Order was proportionate to the legitimate aim of inhibiting Iran's nuclear weapons programme, justified by the high value of the national interest, and rationally connected to that aim. The statutory procedure did not require prior representations, and the combination of Parliamentary approval and subsequent judicial review satisfied procedural fairness and ECHR requirements. No material irrelevant considerations were taken into account, and the Order was not discriminatory. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. No order setting aside the Financial Restrictions (Iran) Order 2009.