The Weekly Law Reports
[2016] 3 WLR 1117
Court of Appeal
Bank Mellat
v
Her Majesty’s Treasury (No 5)
[2016] EWCA Civ 452
2016 March 1,
2;
May 10
Lord Thomas of Cwmgiedd CJ, Longmore, Lewison LJJ
Human rights— Breach of Convention rights— Just satisfaction— Treasury making Order in Council prohibiting persons operating in United Kingdom financial sector from dealing with claimant Iranian bank— Claimant seeking damages against Treasury as just satisfaction for breach of Convention rights including claim for loss of earnings of English bank in which claimant majority shareholder— Whether English bank “victim” and so able to bring just satisfaction claim in its own right— Whether claimant thereby precluded from bringing just satisfaction claim in respect of English bank’s losses—
Human Rights Act 1998 (c 42), ss 7, 8, Sch 1, Pt II, art 1
—
Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969)