Ezz, R (on the application of) v HM Treasury

Ezz, R (on the application of) v HM Treasury

It was not irrational for HM Treasury to use the PPP conversion rate to adjust SCCO London legal rates in the absence of direct evidence about reasonable legal fees in Egypt for comparable services; the methodology was within the range of reasonable responses.

Parties
Claimant: Ahmed Ezz; Defendant: HM Treasury
Jurisdiction
England and Wales
Judgment Date
23 June 2016
Procedural Posture
Judicial Review / Substantive Hearing Following Rolled Up Permission Application
Outcome
Permission granted; claim for judicial review dismissed.
Legal Topics
Asset Freezing, Judicial Review, Rationality of Administrative Decisions, Legal Fees, EU Sanctions
Administrative Law European Union Law Asset Freezing Judicial Review Rationality of Administrative Decisions Legal Fees EU Sanctions

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Parties

Ahmed Ezz

Claimant

HM Treasury

Defendant

Procedural Posture

Judicial Review / Substantive Hearing Following Rolled Up Permission Application

Legal Issues

  1. 1 Whether HM Treasury's use of PPP conversion rate to assess reasonable legal fees for release of frozen funds was irrational under regulation 9 of the 2011 Regulations

Ratio Decidendi

It was not irrational for HM Treasury to use the PPP conversion rate to adjust SCCO London legal rates in the absence of direct evidence about reasonable legal fees in Egypt for comparable services; the methodology was within the range of reasonable responses.

Court Disposition

Permission granted; claim for judicial review dismissed.

Orders

  • Permission to proceed with judicial review granted.
  • Claim for judicial review dismissed.