Begg v HMT

Begg v HMT

Evidence relevant to the application of the Woodhouse test regarding government status and evidence about the Appellant’s design, purpose, and activities must be disclosed by HMT, initially into CLOSED. Self-defence is not an implied carve-out from the definition of terrorism, but the Appellant may rely on this argument and HMT must disclose any relevant material. Activities of the UK Government in Syria are not relevant to the Appellant’s designation or disclosure obligations.

Parties
Appellant: Begg; Respondent: HMT
Jurisdiction
England and Wales
Judgment Date
19 December 2017
Procedural Posture
Appeal / Judgment on Disclosure Principles After Open and Closed Hearings
Outcome
Partial allowance of disclosure application; directions for further disclosure into CLOSED and OPEN as appropriate.
Legal Topics
Terrorist Asset Freezing, Disclosure Obligations, Definition of Terrorism, Self Defence in Terrorism Context, Government Status Under Terrorism Legislation
Public Law Anti Terrorism Law Administrative Law Terrorist Asset Freezing Disclosure Obligations Definition of Terrorism Self Defence in Terrorism Context Government Status Under Terrorism Legislation

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Parties

Begg

Appellant

HMT

Respondent

Procedural Posture

Appeal / Judgment on Disclosure Principles After Open and Closed Hearings

Legal Issues

  1. 1 Whether the evidence served by the Appellant is relevant to the appeal and imposes disclosure obligations on HMT
  2. 2 Temporal scope and departmental reach of HMT’s disclosure obligations
  3. 3 Whether self-defence or defence of another can defeat an allegation of terrorist activity under the designation regime

Ratio Decidendi

Evidence relevant to the application of the Woodhouse test regarding government status and evidence about the Appellant’s design, purpose, and activities must be disclosed by HMT, initially into CLOSED. Self-defence is not an implied carve-out from the definition of terrorism, but the Appellant may rely on this argument and HMT must disclose any relevant material. Activities of the UK Government in Syria are not relevant to the Appellant’s designation or disclosure obligations.

Court Disposition

Partial allowance of disclosure application; directions for further disclosure into CLOSED and OPEN as appropriate.

Orders

  • HMT to disclose material relevant to the Woodhouse test into CLOSED.
  • HMT to disclose any material relevant to the Appellant’s design, purpose, and activities into CLOSED.