M & Ors v Her Majesty's Treasury & Ors [2006] EWHC 2328 (Admin) (22 September 2006)

M & Ors v Her Majesty's Treasury & Ors [2006] EWHC 2328 (Admin) (22 September 2006)

Payment of social security benefits to spouses of listed persons constitutes making funds available indirectly 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; the term 'basic expenses' in Treasury licences is sufficiently certain and lawful.

Citation
[2006] EWHC 2328 (Admin)
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 / Final Judgment
Outcome
Applications for judicial review dismissed
Legal Topics
UN Sanctions, EU Regulations, Social Security Benefits, Interpretation of Statutes, Terrorism Financing, Judicial Review
Public Law Administrative Law Human Rights European Law UN Sanctions EU Regulations Social Security Benefits Interpretation of Statutes +2 more

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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 / Final Judgment

Legal Issues

  1. 1 Whether payment of social security benefits to spouses of listed persons falls within prohibitions of 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 unlawfully vague

Ratio Decidendi

Payment of social security benefits to spouses of listed persons constitutes making funds available indirectly 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; the term 'basic expenses' in Treasury licences is sufficiently certain and lawful.

Court Disposition

Applications for judicial review dismissed