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18 March 2010 / Khawar Qureshi KC
Issue: 7409 / Categories: Features , Profession
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A major first

Ahmed: Khawar Qureshi QC reports on the Supreme Court’s landmark decision

The first case to be heard by the Supreme Court, concerned two Orders in Council (the Terrorism Order 2006 (TO) and the Al-Qaeda Order 2006 (AQO) (the SIs)), which sought to give effect to UN Security Council Sanctions Resolutions (the UNSCRs) targeted at terrorist funds and economic resources (HM Treasury v Ahmed and others [2010] UKSC 2 (Ahmed No 1, [2010] All ER (D) 179 (Jan)) and HM Treasury v Ahmed and others [2010] UKSC 5 (Ahmed No 2, [2010] All ER (D) 40 (Feb)).

Four individuals who were made the subject of the SIs from around late 2006/August 2007 (and thus had access to any economic resources denied absent a licence from HM Treasury) sought to challenge the legal basis for the SIs.

The UNSCRs were promulgated pursuant to Ch VII (Art 41) of the UN Charter, and created a binding obligation on all member states to accept and carry them out (Art 25 UN Charter). Under English Law, international law

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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