Reprieve & Ors, R (On the Application Of) v The Prime Minister

Reprieve & Ors, R (On the Application Of) v The Prime Minister

Article 6(1) ECHR is not engaged in these judicial review proceedings because they do not determine the claimants' civil rights. Even if Article 6(1) applied, AF (No 3) disclosure is not required as there is no executive action against the claimants and the proceedings do not concern deprivation of liberty or...

Source-derived case information.

Parties
Claimant: Reprieve; Claimant: Rt Hon David Davis MP; Claimant: Dan Jarvis MBE MP; Defendant: Prime Minister
Jurisdiction
England and Wales
Judgment Date
30 June 2020
Procedural Posture
Judicial Review / Substantive Hearing on Preliminary Issues Regarding Article 6 ECHR and Disclosure
Outcome
Article 6(1) ECHR does not apply; AF (No 3) disclosure not required; directions for disclosure process to be agreed.
Legal Topics
Judicial Review, Disclosure, Article 6 ECHR, Article 3 ECHR, Closed Material Procedure
Public Law Human Rights Law National Security Judicial Review Disclosure Article 6 ECHR Article 3 ECHR Closed Material Procedure

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Parties

Reprieve

Claimant

Rt Hon David Davis MP

Claimant

Dan Jarvis MBE MP

Claimant

Prime Minister

Defendant

Procedural Posture

Judicial Review / Substantive Hearing on Preliminary Issues Regarding Article 6 ECHR and Disclosure

Legal Issues

  1. 1 Does Article 6(1) ECHR apply to judicial review proceedings challenging the refusal to hold a public inquiry into alleged torture and rendition?
  2. 2 If Article 6(1) applies, are the claimants entitled to AF (No 3) disclosure?
  3. 3 What is the appropriate standard of disclosure in these proceedings?

Ratio Decidendi

Article 6(1) ECHR is not engaged in these judicial review proceedings because they do not determine the claimants' civil rights. Even if Article 6(1) applied, AF (No 3) disclosure is not required as there is no executive action against the claimants and the proceedings do not concern deprivation of liberty or similar fundamental rights.

Court Disposition

Article 6(1) ECHR does not apply; AF (No 3) disclosure not required; directions for disclosure process to be agreed.