Richard Hermer QC and Alison Pickup (instructed by Leigh Day ) for the claimant; Derek Sweeting QC (instructed by Treasury Solicitor ) for the defendant.
The claimant, an Iraqi civilian, was arrested by British soldiers in February 2007 and detained until the end of March 2007. He brought a claim against the defendant, alleging that his detention was unlawful and violated article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The defendant, among its defences, contended that the claimant’s detention was authorised by the United Nations Security Council Resolution (“UNSCR”) 1546, which displaced the UK’s obligation to secure the claimant’s rights under article 5 of the Convention. The basis for the defendant’s position was R (Al-Jedda) v Secretary of State for Defence (JUSTICE intervening) [2007] UKHL 58; [2008] AC 332. The claimant applied for a certificate enabling an appeal to proceed straight to the Supreme Court and to “leapfrog” the Court of Appeal under section 12 of the Administration of Justice Act 1969.
Allowing the application, that all of the conditions for the grant of a certificate had been met, in particular, the point of law involved as to whether article 5 of the Convention was overriden by UNSCR 1546 was plainly of general public importance. The defendant also consented to the grant of a certificate. An order was made dismissing the High Court claim and granting a certificate enabling the matter to proceed to the Supreme Court.