Begg v HMT [2017] EWHC 3329 (Admin) (19 December 2017)

Begg v HMT [2017] EWHC 3329 (Admin) (19 December 2017)

The Appellant's evidence regarding the status of the Assad regime and his motives is relevant and may trigger disclosure obligations for HMT, particularly regarding the application of the Woodhouse test to the Assad government. However, the activities of the UK Government in Syria and arguments of self-defence do not, as a matter of principle, exclude conduct from the statutory definition of terrorism or render the designation an abuse of process. Disclosure obligations must be addressed in the normal process, with some disclosure into CLOSED and potentially OPEN if relevant material exists.

Citation
[2017] EWHC 3329 (Admin)
Parties
Appellant: Begg; Respondent: HMT
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Appeal / Interlocutory Judgment on Disclosure Principles
Outcome
Interlocutory judgment—directions on disclosure; no final determination of appeal
Legal Topics
Terrorist Asset Freezing, Disclosure Obligations, Definition of Terrorism, Self Defence in Terrorism Context, Abuse of Process
Public Law National Security Law Human Rights Terrorist Asset Freezing Disclosure Obligations Definition of Terrorism Self Defence in Terrorism Context Abuse of Process

Case Brief

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Parties

Begg

Appellant

HMT

Respondent

Procedural Posture

Appeal / Interlocutory Judgment on Disclosure Principles

Legal Issues

  1. 1 Whether evidence served by the Appellant in June 2017 is relevant to the appeal and triggers further disclosure obligations for HMT
  2. 2 Whether the activities of the UK Government in Syria are relevant to the Appellant's designation
  3. 3 Whether self-defence or defence of another can defeat an allegation of terrorist activity for the purposes of the designation regime

Ratio Decidendi

The Appellant's evidence regarding the status of the Assad regime and his motives is relevant and may trigger disclosure obligations for HMT, particularly regarding the application of the Woodhouse test to the Assad government. However, the activities of the UK Government in Syria and arguments of self-defence do not, as a matter of principle, exclude conduct from the statutory definition of terrorism or render the designation an abuse of process. Disclosure obligations must be addressed in the normal process, with some disclosure into CLOSED and potentially OPEN if relevant material exists.

Court Disposition

Interlocutory judgment—directions on disclosure; no final determination of appeal

Orders

  • HMT to disclose material relevant to the application of the Woodhouse test regarding the Assad regime, initially into CLOSED.
  • If relevant, HMT to disclose material relating to the Appellant's design, purpose, and activities, initially into CLOSED.