The claim relates to the reports of the Independent Monitoring Commission (IMC) and decisions taken by the Secretary of State in reliance on those reports. Sinn Fein contends that it has been and continues to be unlawful for the Secretary of State to rely on the reports because they are vitiated by (a) the apparent bias of the members of the IMC, (b) the failure of the IMC to apply any standard of proof in its decision-making process, when it ought to have applied what is sometimes referred to as the heightened civil standard in relation to certain of its findings of facts, and (c) the failure of the IMC to inform Sinn Fein of the case it had to answer prior to making adverse findings against it.
Judges:
Lord Justice Richards
Citations:
[2007] EWHC 12 (Admin)
Links:
Jurisdiction:
England and Wales
Administrative
Updated: 23 March 2022; Ref: scu.248218