M & Ors v Her Majesty's Treasury & Ors

M & Ors v Her Majesty's Treasury & Ors

Payment of social security benefits to claimants who are spouses of listed persons and live with them constitutes making funds available indirectly for the benefit of listed persons under Article 2(2) of Regulation (EC) No 881/2002 and Article 7 of The Al-Qa’ida and Taliban (United Nations Measures) Order 2002. The...

Source-derived case information.

Parties
Claimant: M; Claimant: A; Claimant: MM; Defendant: Her Majesty’s Treasury; Interested Party: Commissioners for Her Majesty’s Revenue and Customs; Interested Party: Secretary of State for Works and Pensions; Interested Party: London Borough of Hammersmith and Fulham; Interested Party: Birmingham City Council; Interested Party: Manchester City Council
Jurisdiction
England and Wales
Judgment Date
22 September 2006
Procedural Posture
Judicial Review / Judgment on Substantive Applications
Outcome
Applications for judicial review dismissed
Legal Topics
Judicial Review, Implementation of UN Sanctions, Interpretation of EU Regulations, Social Security Benefits, Anti Terrorism Measures
Administrative Law Human Rights Law International Law European Union Law Judicial Review Implementation of UN Sanctions Interpretation of EU Regulations Social Security Benefits +1 more

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Summary, issues, holding and outcome

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Parties

M

Claimant

A

Claimant

MM

Claimant

Her Majesty’s Treasury

Defendant

Commissioners for Her Majesty’s Revenue and Customs

Interested Party

Secretary of State for Works and Pensions

Interested Party

London Borough of Hammersmith and Fulham

Interested Party

Birmingham City Council

Interested Party

Manchester City Council

Interested Party

Procedural Posture

Judicial Review / Judgment on Substantive Applications

Legal Issues

  1. 1 Whether payment of social security benefits to spouses of listed persons constitutes making funds available to or for the benefit of listed persons under Article 2 of Regulation (EC) No 881/2002 and Article 7 of The Al-Qa’ida and Taliban (United Nations Measures) Order 2002
  2. 2 Whether the term 'basic expenses' in Treasury licences is so vague as to be unlawful

Ratio Decidendi

Payment of social security benefits to claimants who are spouses of listed persons and live with them constitutes making funds available indirectly for the benefit of listed persons under Article 2(2) of Regulation (EC) No 881/2002 and Article 7 of The Al-Qa’ida and Taliban (United Nations Measures) Order 2002. The term 'basic expenses' in Treasury licences is sufficiently clear and lawful.

Court Disposition

Applications for judicial review dismissed