Hay v HM Treasury [2009] EWHC 1677 (Admin) (10 July 2009)

Hay v HM Treasury [2009] EWHC 1677 (Admin) (10 July 2009)

Where neither the claimant nor the UK government knows the full basis for the claimant's designation by the UN 1267 Committee, the AQO precludes effective judicial review and access to a remedy, rendering it ultra vires section 1 of the United Nations Act 1946 as applied to the claimant.

Source-derived case information.

Citation
[2009] EWHC 1677 (Admin)
Parties
Claimant: Hay; Defendant: HM Treasury; Interested Party: Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed in part
Legal Topics
Judicial Review, Ultra Vires, Access to Courts, UN Sanctions, Asset Freezing Orders
Public Law Constitutional Law Human Rights Law Judicial Review Ultra Vires Access to Courts UN Sanctions Asset Freezing Orders

Source-derived case record

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 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hay

Claimant

HM Treasury

Defendant

Secretary of State for Foreign and Commonwealth Affairs

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Al Qaida and Taliban (United Nations Measures) Order 2006 (AQO) is ultra vires section 1 of the United Nations Act 1946 as applied to the claimant
  2. 2 Whether the AQO unlawfully precludes effective judicial review and access to a remedy for the claimant

Ratio Decidendi

Where neither the claimant nor the UK government knows the full basis for the claimant's designation by the UN 1267 Committee, the AQO precludes effective judicial review and access to a remedy, rendering it ultra vires section 1 of the United Nations Act 1946 as applied to the claimant.

Court Disposition

Claim allowed in part

Orders

  • The Al Qaida and Taliban (United Nations Measures) Order 2006 is quashed insofar as it applies to the claimant.