Ewing v Security Service

Ewing v Security Service

The Investigatory Powers Tribunal is a court within the meaning of Section 42 of the Supreme Court Act 1981 because it exercises judicial functions closely analogous to the High Court's judicial review jurisdiction. Mr Ewing has shown reasonable grounds for his application to the tribunal, as he seeks to challenge the Security Service's response to his data access request and allege breaches of his human rights. Leave is therefore granted.

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 to the claimant to continue his claim before the Investigatory Powers Tribunal.
Legal Topics
Vexatious Litigants, Jurisdiction of Tribunals, Access to Personal Data, Human Rights (articles 8 and 10 Echr), National Security Exemptions
Administrative Law Human Rights Law Data Protection Law Vexatious Litigants Jurisdiction of Tribunals Access to Personal Data Human Rights (articles 8 and 10 Echr) National Security Exemptions

Case Brief

Summary, issues, holding and outcome

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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 the meaning of Section 42 of the Supreme Court Act 1981
  2. 2 Whether there are reasonable grounds for the claimant to bring proceedings before the Investigatory Powers Tribunal

Ratio Decidendi

The Investigatory Powers Tribunal is a court within the meaning of Section 42 of the Supreme Court Act 1981 because it exercises judicial functions closely analogous to the High Court's judicial review jurisdiction. Mr Ewing has shown reasonable grounds for his application to the tribunal, as he seeks to challenge the Security Service's response to his data access request and allege breaches of his human rights. Leave is therefore granted.

Court Disposition

Leave granted to the claimant to continue his claim before the Investigatory Powers Tribunal.

Orders

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