Ewing v Security Service [2003] EWHC 2051 (QB) (30 July 2003)

Ewing v Security Service [2003] EWHC 2051 (QB) (30 July 2003)

The Investigatory Powers Tribunal is a court within the meaning of Section 42 of the Supreme Court Act 1981, as it exercises judicial functions closely analogous to the High Court's judicial review jurisdiction. The claimant has demonstrated reasonable grounds for bringing his claim before the Tribunal, and leave is granted.

Citation
[2003] EWHC 2051 (QB)
Parties
Claimant: Terence Patrick Ewing; Defendant: Security Service
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Application for Leave Under Section 42 of the Supreme Court Act 1981 / Judgment on Application for Leave to Institute Proceedings
Outcome
Leave granted
Legal Topics
Vexatious Litigants, Definition of 'court' Under Section 42, Investigatory Powers Tribunal Jurisdiction, Data Access Rights, Human Rights Act Compatibility
Civil Procedure Human Rights Data Protection Vexatious Litigants Definition of 'court' Under Section 42 Investigatory Powers Tribunal Jurisdiction Data Access Rights Human Rights Act Compatibility

Case Brief

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 4 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Terence Patrick Ewing

Claimant

Security Service

Defendant

Procedural Posture

Application for Leave Under Section 42 of the Supreme Court Act 1981 / Judgment on Application for Leave to Institute Proceedings

Legal Issues

  1. 1 Whether the Investigatory Powers Tribunal is a 'court' within Section 42 of the Supreme Court Act 1981
  2. 2 Whether there are reasonable grounds for the claimant to bring proceedings before the Tribunal

Ratio Decidendi

The Investigatory Powers Tribunal is a court within the meaning of Section 42 of the Supreme Court Act 1981, as it exercises judicial functions closely analogous to the High Court's judicial review jurisdiction. The claimant has demonstrated reasonable grounds for bringing his claim before the Tribunal, and leave is granted.

Court Disposition

Leave granted

Orders

  • Leave granted to Mr Ewing to continue his claim before the Investigatory Powers Tribunal.