Bank Mellat v Her Majesty’s Treasury: CA 23 Oct 2015

Bank entitled to information needed for defence

Application to set aside the directions contained in two statutory instruments. The measures were ‘highly restrictive . . with very serious effects’. The court considered the procedures for the use of closed material and whether the claimant bank had been entitled to the gist of the allegations against it in closed material to ensure a fair trial.
Held: The directions were upheld. Further disclosures were to be made to provide the claimant with sufficient information about the allegations against it to enable it to give effective instructions to its special advocates in relation to those allegations

Judges:

Lord Dyson MR, Richards, Lewison LJJ

Citations:

[2015] EWCA Civ 1052, [2015] WLR(D) 427, [2016] 1 WLR 1187, [2016] CP Rep 7

Links:

Bailii, WLRD

Statutes:

Counter-Terrorism Act 2008

Jurisdiction:

England and Wales

Cited by:

CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Banking, Crime, Human Rights

Updated: 09 December 2022; Ref: scu.553680