Hay v HM Treasury

Hay v HM Treasury

Where the UK government is not privy to the full basis for a UN 1267 Committee designation and cannot provide an effective merits-based judicial review, the application of the AQO to the claimant is ultra vires section 1 of the United Nations Act 1946, as it precludes access to the court for protection against wrongful interference with basic rights.

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
Order quashed as applied to claimant
Legal Topics
Judicial Review, Ultra Vires, Access to Courts, Implementation of UN Security Council Resolutions, Asset Freezing Orders
Public Law Constitutional Law International Law Human Rights Judicial Review Ultra Vires Access to Courts Implementation of UN Security Council Resolutions +1 more

Case Brief

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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 the courts for a person designated by the UN 1267 Committee where the UK is not the nominating state and does not know the full basis for designation

Ratio Decidendi

Where the UK government is not privy to the full basis for a UN 1267 Committee designation and cannot provide an effective merits-based judicial review, the application of the AQO to the claimant is ultra vires section 1 of the United Nations Act 1946, as it precludes access to the court for protection against wrongful interference with basic rights.

Court Disposition

Order quashed as applied to claimant

Orders

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