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 because it exercises judicial functions closely analogous to the High Court's judicial review jurisdiction, and the claimant has demonstrated reasonable grounds for bringing his claim before the tribunal.

Citation
[2003] EWHC 2051
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 Proceed Before the Investigatory Powers Tribunal
Outcome
leave granted
Legal Topics
Vexatious Litigant Orders, Definition of 'court' Under Section 42, Access to Personal Data, National Security Exemptions, Human Rights Act Compatibility
Civil Procedure Data Protection Human Rights Administrative Law Vexatious Litigant Orders Definition of 'court' Under Section 42 Access to Personal Data National Security Exemptions +1 more

Case Brief

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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 Proceed Before the Investigatory Powers Tribunal

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, and the claimant has demonstrated reasonable grounds for bringing his claim before the tribunal.

Court Disposition

leave granted

Orders

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