BX v Secretary of State for The Home Department: CA 4 May 2010

The applicant was subject to a non-derogating control order. The court was asked (1) whether a ‘controlled person’ to whom the Secretary of State has given notice of modification under section 7(2)(d) and (8)(c) 2005 Act, may seek to challenge or reverse its implementation in an interlocutory application for an injunction, either in the course of judicial review proceedings or in the course of an appeal against the modification under section 10 of the Act; and (2) whether, and if so to what extent, the procedural safeguards of Article 6 ECHR apply to judicial consideration of the interlocutory application.

Lord Neuberger MR, Maurice Kay LJ, Pitchford LJ
[2010] EWCA Civ 481, [2010] UKHRR 766, [2010] 1 WLR 2463
Prevention of Terrorism Act 2005 7
England and Wales
Cited by:
CitedBank Mellat v HM Treasury QBD 11-Jun-2010
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .

Lists of cited by and citing cases may be incomplete.


Updated: 20 November 2021; Ref: scu.409219