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England and Wales Case Law

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Human rights

Fahad Ansari, R (on the application of) v Chief Constable of North Wales Police & Anor

The AF (No. 3) disclosure standard does not apply because the proceedings challenge a search and retention of data, which is not a coercive measure imposing serious restrictions on liberty or property. The claimant's substantive legal position is not affected, and the case falls within the category of search and seizure cases where the special advocate regime and statutory closed material procedures suffice. Disclosure damaging to national security is not required.

Source excerpt

  • Disclosure standards
  • Closed material proceedings
  • Article 6 echr
  • Legal professional privilege
  • Search and seizure
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Administrative law [2020] EWHC 130 (Admin)

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2020] EWHC 130 (Admin) (30 January 2020)

The High Court refused Terra Services Limited’s request for a Special Advocate in closed material proceedings relating to a search and seizure warrant challenge.

  • Closed material proceedings
  • Special advocate
  • Search warrants
  • Judicial review
  • Disclosure
  • Proportionality
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Public law

Belhaj & Anor v Director of Public Prosecutions & Ors

The High Court allowed renewed claims of legal professional privilege over 20 inadvertently disclosed passages in closed material, rejecting a “cherry picking” challenge.

  • Legal professional privilege
  • Closed material proceedings
  • Judicial review procedure
  • Legal-professional-privilege
  • Closed-material-proceedings
  • Judicial-review
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Public law [2018] EWHC 513 (Admin)

Belhaj & Anor v Director of Public Prosecutions & Ors

Belhaj & Anor v Director of Public Prosecutions & Ors [2018] EWHC 513 (Admin) (15 March 2018)

The court held that a limited waiver of legal professional privilege did not extend to judicial review of a decision not to prosecute.

  • Legal professional privilege
  • Waiver of privilege
  • Judicial review
  • Duty of candour
  • Closed material proceedings
  • Legal-professional-privilege
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Administrative law

Belhaj & Anor v Director of Public Prosecutions & Ors

The High Court held that HM Government’s limited waiver of legal professional privilege did not extend to judicial review of the DPP’s no-prosecution decision.

  • Legal professional privilege
  • Waiver of privilege
  • Duty of candour
  • Judicial review
  • Closed material proceedings
  • Legal-professional-privilege
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Public law

Belhaj & Anor v Director of Public Prosecutions (DPP)

The High Court held it had jurisdiction to consider a section 6 Justice and Security Act 2013 declaration in a judicial review challenging a decision not to prosecute.

  • Closed material proceedings
  • Jurisdiction
  • Judicial review of prosecutorial decisions
  • Interpretation of 'criminal cause or matter'
  • Closed-material-proceedings
  • Judicial-review
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Public law [2017] EWHC 3056 (Admin)

Belhaj & Anor v Director of Public Prosecutions (DPP)

Belhaj & Anor v Director of Public Prosecutions (DPP) [2017] EWHC 3056 (Admin) (01 December 2017)

The Administrative Court held it had jurisdiction to consider a s.6 Justice and Security Act 2013 declaration in judicial review of a decision not to prosecute.

  • Judicial review of prosecutorial decisions
  • Closed material proceedings
  • Jurisdiction—criminal cause or matter
  • Interpretation of justice and security act 2013
  • Judicial-review
  • Closed-material-proceedings
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Civil procedure

Belhaj & Anor v Straw & Ors

The High Court granted the defendants’ application for a declaration permitting a closed material application in this national security case.

  • Closed material proceedings
  • Public interest immunity
  • Extraordinary rendition
  • Torture
  • False imprisonment
  • Misfeasance in public office
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.