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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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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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