The Weekly Law Reports
[2011] 3 WLR 714
Court of Appeal
Bank Mellat v Her Majesty’s Treasury (No 2)
[2011] EWCA Civ 1
2010 Oct 11,
12;
2011 Jan 13
Maurice Kay, Elias, Pitchford LJJ
Crown— Order in Council— Validity— Treasury making 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 not given opportunity to make representations before making of Order— Bank applying to set aside direction— Whether requirement that least measure be used— Whether existence of less intrusive measure use of which would not significantly compromise legitimate aim of restriction relevant to its proportionality— Whether Order proportionate— Whether procedurally flawed— Whether Parliament excluding common law right to make representations before direction made— Whether Convention right to fair hearing engaged when direction made and laid before Parliament— Whether statutory procedure breaching Convention rights— Whether Order lawful—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6, Pt II, art 1
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Counter-Terrorism Act 2008 (c 28), ss 62, 63, Sch 7