HM Treasury v Ahmed & Ors

Case [2010] UKSC 2



     

    Hilary Term
    [2010] UKSC 2
    On appeal from: [2008] EWCA Civ 1187

    See Also: [2010] UKSC 5

    JUDGMENT

    Her Majesty's Treasury (Respondent) v Mohammed Jabar Ahmed and others (FC) (Appellants) Her Majesty's Treasury (Respondent) v Mohammed al-Ghabra (FC) (Appellant) R (on the application of Hani El Sayed Sabaei Youssef) (Respondent) v Her Majesty's Treasury (Appellant)
    before

    Lord Phillips, President
    Lord Hope, Deputy President
    Lord Rodger
    Lord Walker
    Lady Hale
    Lord Brown
    Lord Mance

    JUDGMENT GIVEN ON

    27 January 2010

    Heard on 5, 6, 7 and 8 October 2009
    Appellants A, K and M
    Tim Owen QC
    Dan Squires
    (Instructed by Birnberg Peirce and Partners)
      Respondent
    Jonathan Swift
    Sir Michael Wood
    Andrew O'Connor
    (Instructed by Treasury Solicitor)
         
    Appellant G
    Rabinder Singh QC
    Richard Hermer QC
    Alex Bailin
    (Instructed by Tuckers)
      Respondent HAY
    Raza Husain
    Dan Squires
    (Instructed by Birnberg Peirce and Partners)
         
    Intervener (JUSTICE)
    Michael Fordham QC
    Shaheed Fatima
    Iain Steele
    (Instructed by Clifford Chance LLP)
       

    LORD HOPE, with whom Lord Walker and Lady Hale agree
  1. On 13 December 2006 the appellant Mohammed al-Ghabra, referred to in these proceedings as "G", was informed that a direction had been made against him by HM Treasury ("the Treasury") under article 4 of the Terrorism (United Nations Measures) Order 2006 (SI 2006/2657) ("the TO") and that he was a designated person for the purposes of that Order. He was told that the direction had been made because the Treasury had reasonable grounds for suspecting that he was, or might be, a person who facilitated the commission of acts of terrorism. He was also told that, in light of the sensitive nature of the information on which the decision had been taken, it was not possible to give him further details and that the effect of the direction was to prohibit him from dealing with his funds and economic resources and to prevent anyone notified of the freeze from making funds, economic resources or financial services available to him or for his benefit. On 2 August 2007 the appellants Mohammed Jabar Ahmed, Mohammed Azmir Khan and Michael Marteen (formerly known as Mohammed Tunveer Ahmed), referred to in these proceedings as "A", "K" and "M", received letters in almost identical terms telling them that a direction had been made against them under article 4 of the TO by the Treasury.
  2. A few days after G had been told that he had been designated under the TO he received a letter from the Foreign and Commonwealth Office saying the Sanctions Committee of the Security Council of the United Nations (otherwise known as "the 1267 Committee": see para 18 below) had added his name to its Consolidated List, that this meant that he was subject to a freezing of his funds, assets and economic resources and that these measures were binding on all UN member states with immediate effect and had been implemented in UK law. No mention was made at that stage of the domestic measure under which the restrictions were being imposed on him. But in…

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[2010] UKSC 2
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