R (on the application of Hani El Sayed Sabaei Youssef) (Respondent) v Her Majesty's Treasury (Appellants)

Case summary

Case ID

UKSC/2009/0018

Parties

Appellant(s)

HAY (Hani El Sayed Sabaei Youssef)

Respondent(s)

Her Majesty’s Treasury

Intervener(s)

JUSTICE

Issue

(1) Whether the judge was correct to conclude that the 2006 Order was unlawful insofar as it applies to HAY, and whether that conclusion is consistent with the judgment of the Court of Appeal in A,K,M,Q & G v HM Treasury [2008] EWCA Civ 1187; (2) Whether the 2006 Order is unlawful because article 3(1)(b) expressly provides that its provisions apply automatically to a defined class of persons, namely all persons named on the Consolidated List maintained by the 1267 Committee; and (3) Whether the provisions of article 3(1)(b) of the 2006 Order operate contrary to a common principle of access to the court.

Facts

The Respondent is 49 years of age. He is married and lives in London with his wife and four of his five children. He and his wife are Egyptian nationals. The Respondent was made subject to an Al Qaida (United Nations Measures) Order (‘AQO’) on 6th October 2005. Consequently, his bank accounts and credit cards were frozen, he is prohibited from receiving money from any source and it is an offence for anyone to give him any funds without the permission of the 1267 Committee or HM Treasury. He was supported by his wife, who was in receipt of benefits. He sought to quash the AQO on the basis that it was ultra vires section 1 of the United Nations Act 1946 and constituted a fundamental and unjustified interference with his property and privacy rights.

Date of issue

22 September 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

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