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27 June 2013
Issue: 7566 / Categories: Case law , Law digest , In Court
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Supreme Court

Bank Mellat v Her Majesty’s Treasury [2013] UKSC 38, [2013] All ER (D) 164 (Jun)

The Supreme Court was able to conduct a closed material procedure on appeals against decisions of the courts of England and Wales on applications brought under s 63(2) of the Counter-Terrorism Act 2008. Section 40(2) of the Constitutional Reform Act 2005 provided that an appeal lay to the Supreme Court against “any” judgment of the Court of Appeal. That had to extend to a judgment which was wholly or partially closed. In order for an appeal against a wholly or partially closed judgment to be effective, the hearing would have to involve, normally only in part, a closed material procedure. An appeal under s 40(2) of the 2005 Act was “an appeal…under any enactment”. Accordingly, where an appeal was brought against a decision under the 2008 Act, the Supreme Court had “power to determine any question necessary to be determined for the purposes of doing justice in” such an appeal. On any appeal where the judgment was wholly or partly closed, the Supreme Court

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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