Her Majesty's Treasury (Respondents) v Mohammed al-Ghabra (FC) (Appellant)

Case summary

Case ID

UKSC/2009/0015

Parties

Appellant(s)

G (Mohammed al-Ghabra)

Respondent(s)

Her Majesty's Treasury

Intervener(s)

JUSTICE

Issue

(i) Whether the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 are unlawful because they seek to restrict fundamental human rights without the express authorisation of Parliament; (ii) Whether the restriction of funds pursuant to the Orders interferes with rights pursuant to article 8 and article 1 of the First Protocol to the European Convention on Human Rights and, in respect of G, article 6; (iii) Whether the ambit of restrictive measures in the Orders is sufficiently certain; (iv) Whether the lack of procedural measures to challenge the restrictive measures renders the scheme unlawful.

Facts

A, K, M, [Q] & G were all made subject to asset freezing orders by way of a designation made under the Terrorism (United Nations Measures) Order 2006, imposed by the Respondent. G was also listed as a designated person under the Al-Qaida and Taliban (United Nations Measures) Order 2006. The respective Orders constitute a financial sanctions regime aimed at preventing the funding of terrorism. Each of the Appellants sought to have their designations set aside on the basis that they were unlawful and ultra vires. An application has been made by the media to lift the anonymity orders in this case.

Date of issue

17 March 2009

Judgment appealed

Linked cases

Full Judgment details

Judgment date

27 January 2010

Neutral citation

[2010] UKSC 1

Judgment links

Judgment summary

27 January 2010

Full Judgment details

Judgment date

27 January 2010

Neutral citation

[2010] UKSC 2

Judgment links

Judgment summary

27 January 2010

Full Judgment details

Judgment date

4 February 2010

Neutral citation

[2010] UKSC 5

Judgment links

Judgment summary

4 February 2010

Appeal

Justices

Lord Phillips

Lord Hope

Lord Rodger

Lord Walker

Lady Hale

Lord Brown

Lord Mance

Hearing dates

Full hearing

Start date

5 October 2009

End date

28 January 2010

Watch hearings

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