Mellat v HM Treasury [2017] EWHC 2931 (Admin) (20 November 2017)

Mellat v HM Treasury [2017] EWHC 2931 (Admin) (20 November 2017)

The court must balance the public interest in non-disclosure of sensitive material against the right to a fair trial, requiring sufficient disclosure to enable the claimant to know and meet the case against it. Where disclosure would be contrary to the public interest, the court may permit withholding but must consider whether a summary can be provided and whether the Treasury should be restricted in relying on undisclosed material.

Citation
[2017] EWHC 2931 (Admin)
Parties
Claimant: Bank Mellat; Defendant: Her Majesty's Treasury; Special Advocate: Mr Ashley Underwood QC
Jurisdiction
England and Wales
Judgment Date
20 November 2017
Procedural Posture
Application to Set Aside Financial Restrictions Decision Under Section 63 of the Counter Terrorism Act 2008 / Interlocutory Application for Permission to Withhold Closed Material
Outcome
Partially allowed
Legal Topics
Disclosure of Closed Material, Financial Restrictions Orders, Judicial Review Principles, Article 6 ECHR, Counter Terrorism Act 2008, Special Advocate Procedure
Public Law Administrative Law Human Rights Law Financial Regulation Disclosure of Closed Material Financial Restrictions Orders Judicial Review Principles Article 6 ECHR +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Bank Mellat

Claimant

Her Majesty's Treasury

Defendant

Mr Ashley Underwood QC

Special Advocate

Procedural Posture

Application to Set Aside Financial Restrictions Decision Under Section 63 of the Counter Terrorism Act 2008 / Interlocutory Application for Permission to Withhold Closed Material

Legal Issues

  1. 1 Whether the Treasury should be permitted to withhold closed material from Bank Mellat in financial restrictions proceedings
  2. 2 What level of disclosure is required to ensure a fair trial under Article 6 ECHR in the context of financial restrictions orders

Ratio Decidendi

The court must balance the public interest in non-disclosure of sensitive material against the right to a fair trial, requiring sufficient disclosure to enable the claimant to know and meet the case against it. Where disclosure would be contrary to the public interest, the court may permit withholding but must consider whether a summary can be provided and whether the Treasury should be restricted in relying on undisclosed material.

Court Disposition

Partially allowed

Orders

  • Permission granted to withhold certain closed material from Bank Mellat.
  • Disclosure ordered of information contained in certain other material.