G v HM Treasury A and Others v Same
| Jurisdiction | England & Wales |
| Judgment Date | 30 October 2008 |
| Date | 30 October 2008 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Sir Anthony Clarke, Master of the Rolls, Lord Justice Sedley and Lord Justice Wilson
Two anti-terror Orders in Council made under section 1 of the United Nations Act 1946 to implement Security Council resolutions were lawful and valid, subject to important conditions.
The Terrorism (United Nations Measures) Order 2006 was valid provided that certain words were excised from article 4(2) with the result that the Treasury was required to show reasonable grounds for suspecting the involvement of the designated person in committing or facilitating terrorism and not simply for suspecting that he might be involved.
The al-Qaeda and Taleban (United Nations Measures) Order 2006 was also lawful and valid, so long as the designated individual was entitled to a merits-based review of his case.
The Court of Appeal so held, Lord Justice Sedley dissenting, allowing in part the appeal of the Treasury against the quashing by Mr Justice CollinsUNK ((2008) EWHC 869 (Admin)) in actions by: (i) G of the Terrorism Order and the al-Qaeda Order as ultra vires the 1946 Act and (ii) A, K, M and Q of the Terrorism Order as similarly ultra vires.
Mr Jonathan Swift, Sir Michael Wood and Mr Andrew O'Connor for the Treasury; Mr Rabinder Singh, QC and Mr Richard Hermer for G; Mr Tim Owen, QC and Mr Dan Squires for A, K, M and Q.
THE MASTER OF THE ROLLS said that by article 25 of the Charter of the United Nations, Security Council resolutions created legal obligations binding on all states. The Terrorism Order and the al-Qaeda Order were made to give effect to resolutions adopted to prevent and suppress the financing of terrorist acts by freezing funds and other assets.
All the applicants were designated by direction under article 4(2)(a) of the Terrorism Order as persons whom the Treasury had reasonable grounds for suspecting "are or may be" persons who committed, attempted to commit, participated in or facilitated the commission of acts of terrorism.
Security Resolution 1373 was silent on the standard of proof to be satisfied on whether a particular person committed or attempted to commit terrorist acts before a state had to freeze his assets within paragraph 1(c) of the resolution or prohibit certain activities within paragraph 1(d).
The "reasonable grounds for suspecting" test in article 4(2) of the Terrorism Order was in those circumstances lawful provided that the person...
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