The Weekly Law Reports
[2010] 3 WLR 1090
Court of Appeal
Bank Mellat
v
Her Majesty’s Treasury
[2010] EWCA Civ 483
2010 March 23,
31;
May 4
May 4
Lord Neuberger of Abbotsbury MR, Maurice Kay, Sullivan LJJ
Evidence— Disclosure— Closed material procedure— Order in Council containing direction prohibiting transactions or business relationships with Iranian bank in order to prevent facilitation of production of nuclear weapons in Iran— Bank applying to set aside direction— Treasury’s proposed reliance on closed material in resisting bank’s application— Whether requirements of fair trial giving rise to irreducible minimum rights of disclosure— Extent of bank’s entitlement to disclosure of Treasury’s case—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6
—
Counter-Terrorism Act 2008 (c 28), Sch 7, para 1