R (Al-Haq) v Secretary of State for Business andTtrade

Subject Matter

CROWN — Minister — Powers

[2025] EWHC 173 (Admin), KBD

[2025] EWHC 1615 (Admin), KBD

APPEAL — Permission — Refusal

[2025] EWCA Civ 1433, CA

AI Summary & Issues

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The Court of Appeal dismissed the application for permission to appeal against the Divisional Court's refusal of judicial review concerning the Secretary of State's suspension of certain export licences to Israel, while exempting F-35 components. The court found the Secretary of State's decision lawful and compliant with international obligations. Additionally, the request to reopen a previous ground was denied due to a lack of exceptional circumstances, rendering the application for a Costs Capping Order unnecessary.

Issues

• Did the Divisional Court err in concluding that the Strategic Export Licencing Criteria did not provide a domestic foothold for interpreting international obligations related to the F-35 Carve Out decision?
• Was the Divisional Court correct in finding that the customary international law obligations cited by the applicant were not incorporated into UK common law, thus affecting the legality of the F-35 Carve Out?
• Did the Divisional Court appropriately determine that the applicant's case required adjudication on the lawfulness of Israel's conduct, rendering the claim non-justiciable under the foreign act of state doctrine?

Commentary

UK Human Rights Blog
Roll up roll up? Human rights group’s challenge to Israeli arms supply proceeds at speed Case comment

Challenge to export of military parts that might be used by Israel fails in the High Court Case comment

UK Constitutional Law Association
R (Al-Haq) v Business and Trade Secretary: A Death Knell for Common Law Domestic Footholds for Unincorporated Treaties? Case comment