Category: orders in council

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) – WLR Daily

Posted October 28th, 2014 in appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) [2014] UKSC 54; [2014] WLR (D) 446

‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

Posted October 22nd, 2014 in Administrative Court, appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina v Forsyth; Regina v Mabey – WLR Daily

Posted February 24th, 2011 in international law, law reports, orders in council, Supreme Court, ultra vires, United Nations by sally

Regina v Forsyth; Regina v Mabey [2011] UKSC 9; [2011] WLR (D) 52

“The power under section 1(1) of the United Nations Act 1946 to create a criminal offence by Order in Council so as to enforce a United Nations Security Council Resolution was not restricted to use at or about the same time as when the Resolution had been passed.”

WLR Daily, 23rd February 2011

Source: www.lawreports.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v F and M – WLR Daily

Posted November 5th, 2010 in delay, Iraq, law reports, orders in council, sanctions, United Nations by sally

Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276

“An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, orders in council, Supreme Court, terrorism, ultra vires by sally

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same

“In introducing a test of reasonable suspicion that a person was involved in terrorism as the basis for making an asset-freezing order against him under the Terrorism (United Nations Measures) Order 2006 the Treasury exceeded its powers under the enabling provisions of s 1 of the United Nations Act 1946.”

WLR Daily, 27th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

G v HM Treasury A and Others v Same – Times Law Reports

Posted November 12th, 2008 in law reports, orders in council, terrorism by sally

G v HM Treasury A and Others v Same

Court of Appeal

“Two antiterror Orders in Council made under section 1 of the United Nations Act 1946 to implement Security Council resolutions were lawful and valid, subject to important conditions.”

The Times, 12th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

G v HM Treasury; A and others v Same – WLR Daily

Posted November 3rd, 2008 in Crown, law reports, orders in council, terrorism by sally

G v HM Treasury; A and others v Same [2008] EWCA Civ 1187; [2008] WLR (D) 339

“The Terrorism (United Nations Measures) Order 2006 was lawful and validly made under s 1 of the United Nations Act 1946 provided certain words were severed from art 4(2) so that it required the Treasury to show that it had reasonable grounds for suspecting that the person designated was involved in committing or facilitating terrorism and not merely might be such a person. The Al-Qaida and Taliban (United Nations Measures) Order 2006 was also valid and lawful so long as the designated individual was entitled to a merits based review of his case.”

WLR Daily, 31st October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.