Bank Mellat v HM Treasury [2016] EWCA Civ 452, [2016] All ER (D) 82 (May)
The Court of Appeal allowed in part an appeal by the Treasury against the judge’s determination of a preliminary issue regarding the claimant bank’s entitlement to claim directly against the Treasury for the loss of earnings suffered by another bank of which the claimant was a 60% shareholder (PIB). PIB had standing to bring its own claim pursuant to s 63 of the Counter-Terrorism Act 2008 and s 7 of the Human Rights Act 1998. Further, the claimant had no standing to bring the claim as a matter of Strasbourg case law.
