Palestine Solidarity Campaign Ltd & Anor, R (on the application of) v Secretary of State for Communities and Local Government

Palestine Solidarity Campaign Ltd & Anor, R (on the application of) v Secretary of State for Communities and Local Government

The Secretary of State's guidance restricting investment contrary to UK foreign or defence policy was issued within the scope of the statutory powers and for a pensions purpose, allowing consideration of wider public interest. The guidance did not constitute prior approval under Article 18(4) of the IORP Directive and was lawful.

Parties
Claimant/respondent: Palestine Solidarity Campaign Ltd; Claimant/respondent: Jacqueline Lewis; Defendant/appellant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
06 June 2018
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Statutory Interpretation, Unauthorised Purpose, Investment Guidance, EU Directive Compliance
Administrative Law Public Law EU Law Pensions Law Statutory Interpretation Unauthorised Purpose Investment Guidance EU Directive Compliance

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Parties

Palestine Solidarity Campaign Ltd

Claimant/respondent

Jacqueline Lewis

Claimant/respondent

Secretary of State for Communities and Local Government

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State acted for an unauthorised purpose in issuing guidance restricting investment contrary to UK foreign or defence policy
  2. 2 Whether the guidance breached Article 18 of Directive 2003/41/EC (IORP Directive)

Ratio Decidendi

The Secretary of State's guidance restricting investment contrary to UK foreign or defence policy was issued within the scope of the statutory powers and for a pensions purpose, allowing consideration of wider public interest. The guidance did not constitute prior approval under Article 18(4) of the IORP Directive and was lawful.

Court Disposition

appeal allowed

Orders

  • judge's declaration set aside
  • respondents' challenge rejected