The Court was asked whether the actions of the Investigatory Powers Tribunal were amenable to judicial review: ‘what if any material difference to the court’s approach is made by any differences in context or wording, and more particularly the inclusion, in the parenthesis to section 67(8), of a specific reference to decisions relating to ‘jurisdiction’?’
Lady Hale, President, Lord Reed, Deputy President, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, Lord Lloyd-Jones
 UKSC 22
Bailii, Bailii Summary
Regulation of Investigatory Powers Act 2000 67(8), Human Rights Act 1998
England and Wales
At CA – Privacy International, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs and Others CA 23-Nov-2017
The claimant sought to bring judicial review against the IPT. The IPT argued that section 67(8) of the 2000 Act prevented such a claim. . .
 EWCA Civ 1868,  WLR(D) 775,  1 WLR 2572,  HRLR 3,  3 All ER 95
At IPT – Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others IPT 5-Dec-2014
The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret . .
 UKIPTrib 13 – 77-H,  HRLR 2,  3 All ER 142
At Admn – Privacy International, Regina (on The Application of) v Investigatory Powers Tribunal Admn 2-Feb-2017
PI appealed from a ruling of the IPT that the provision which empowered the Secretary of State to authorise ‘the taking . . of such action as is specified in the warrant in respect of any property so specified’ was wide enough to encompass computer . .
 EWHC 114 (Admin)
Cited – Money and Others v Leach 1746
 EngR 362, (1746-1779) 1 Black W 555, (1746) 96 ER 320
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
(1765) 2 Wils 275, (1765) 19 St Tr 1030,  EWHC KB J98,  EngR 236, (1799) 2 Wils KB 275, (1799) 95 ER 807, 1558-1774 All ER Rep 45
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Times 09-Jul-99, Gazette 28-Jul-99,  UKHL 33,  2 AC 115,  3 All ER 400,  3 WLR 328,  EMLR 689, (1999) 7 BHRC 411, (1999) 2 CHRLD 359
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
52207/99, (2001) 11 BHRC 435,  ECHR 890, (2007) 44 EHRR SE5, 123 ILR 94
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
 UKHL 26, Times 18-Jun-04,  3 WLR 23,  2 AC 323,  INLR 381,  UKHRR 995,  3 All ER 785
Cited – Al-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
55721/07,  ECHR 1093, 30 BHRC 561, (2011) 53 EHRR 18
Cited – Brown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department SC 4-Mar-2015
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not . .
 UKSC 8,  Imm AR 837,  3 All ER 317,  WLR(D) 101,  INLR 493,  1 WLR 1060, UKSC 2013/0162
Cited – Miranda v Secretary of State for The Home Department and Others Admn 19-Feb-2014
The claimant alleged that his detention by the police and the removal from him of encrypted computer storage devices purporting to use powers under the 2000 Act. He and his journalist partner had received and published materials said to be of . .
 EWHC 255 (Admin),  WLR(D) 93,  1 WLR 3140,  HRLR 9,  3 All ER 447
Cited – Malone v The United Kingdom ECHR 2-Aug-1984
The complainant asserted that his telephone conversation had been tapped on the authority of a warrant signed by the Secretary of State, but that there was no system to supervise such warrants, and that it was not therefore in ‘accordance with law’. . .
8691/79, (1984) 7 EHRR 14,  ECHR 10,  ECHR 5
Cited – Belhadj and Others v Security Service and Others (Including Determination) IPT 29-Apr-2015
The court considered the methods used for collection of information by the security services, and gave the following guidance: ‘(i) Whether in fact there has been, prior to 18 November 2014, soliciting, receiving, storing and transmitting by UK . .
 UKIPTrib 13 – 132-H
Cited – Kennedy v United Kingdom ECHR 18-May-2010
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
 ECHR 682, 26839/05,  52 EHRR 4
Cited – Weber and Saravia v Germany ECHR 29-Jun-2006
(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the . .
(2008) 46 EHRR SE5,  ECHR 1173, 54934/00
These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.636999