B & Ors, R (on the application of) v Investigatory Powers Tribunal

B & Ors, R (on the application of) v Investigatory Powers Tribunal

The IPT's decision is not amenable to judicial review because it does not affect the Claimants' legal position; the Administrative Court is the proper forum to determine privacy protections for its proceedings and documents, and is not bound by the IPT's views or orders.

Parties
Claimants: B and others; Defendant: Investigatory Powers Tribunal; Interested Party: His Majesty’s Customs and Excise
Jurisdiction
England and Wales
Judgment Date
30 July 2025
Procedural Posture
Judicial Review / Rolled Up Hearing: Permission and Substantive Application
Outcome
Permission granted; substantive application dismissed
Legal Topics
Open Justice, Privacy Protections, Judicial Review, Reporting Restrictions
Administrative Law Privacy Law Human Rights Open Justice Privacy Protections Judicial Review Reporting Restrictions

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Parties

B and others

Claimants

Investigatory Powers Tribunal

Defendant

His Majesty’s Customs and Excise

Interested Party

Procedural Posture

Judicial Review / Rolled Up Hearing: Permission and Substantive Application

Legal Issues

  1. 1 Whether the IPT's decision on privacy protections is amenable to judicial review
  2. 2 Whether the Administrative Court or IPT determines privacy protections for documents and proceedings
  3. 3 Effect of IPT privacy orders on subsequent Administrative Court proceedings

Ratio Decidendi

The IPT's decision is not amenable to judicial review because it does not affect the Claimants' legal position; the Administrative Court is the proper forum to determine privacy protections for its proceedings and documents, and is not bound by the IPT's views or orders.

Court Disposition

Permission granted; substantive application dismissed

Orders

  • Permission to apply for judicial review granted
  • Application for judicial review dismissed