Ofcom investigates TV station over interview praising attack in Iran – The Guardian

Posted December 4th, 2018 in complaints, Iran, media, news, proscribed organisations, terrorism by tracey

‘A London-based satellite news station is being formally investigated by Ofcom after broadcasting an interview with an extremist group that claimed responsibility for a terrorist attack in Iran.’

Full Story

The Guardian, 3rd December 2018

Source: www.theguardian.com

Man who ‘groomed’ British couple into supplying parts for Iran’s nuclear programme jailed – Daily Telegraph

Posted November 23rd, 2018 in Iran, news, nuclear weapons, proceeds of crime, sentencing, suspended sentences by sally

‘A retired company boss who made £5 million from trafficking fighter jet parts to Iran in violation of Weapons of Mass Destruction controls has been jailed for two-and-a-half years.’

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Daily Telegraph, 22nd November 2018

Source: www.telegraph.co.uk

EU court ruling on Iranian bank paves way for claims against UK – The Guardian

Posted February 19th, 2016 in banking, compensation, EC law, Iran, news, sanctions by sally

‘Bank Mellat, an Iranian firm whose assets were frozen due to alleged involvement in nuclear proliferation, has won a European Union court ruling paving the way for claims against the UK.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

Bank Mellat and disclosure in closed material proceedings

‘Bank Mellat is an Iranian bank, initially subjected to a 2009 order which prohibited anybody in the UK from dealing with it – until the Supreme Court quashed it: here, and my posts here and here. ‘

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UK Human Rights Blog, 28th October 2015

Source: www.ukhumanrightsblog.com

Court of Appeal backs secret hearings as Government faces IRA and Iran cases – The Independent

Posted July 15th, 2015 in appeals, closed material, damages, human rights, Iran, Ireland, negligence, news by tracey

‘The Court of Appeal has cleared the way for the Government to apply for controversial secret court hearings as it faces being sued for damages by an IRA informant and Iranians subjected to asset freezing orders.’

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The Independent, 14th July 2015

Source: www.independent.co.uk

Government may weigh rights against national security without courts’ interference – UK Human Rights Blog

‘R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60. The exclusion of a dissident Iranian from the UK, on grounds that her presence would have a damaging impact on our interests in relation to Iran, has been upheld by the Supreme Court.’

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Uk Human Rights Blog, 12th November 2014

Source: www.ukhumanrightsblog.com

Iran sues MoD firm over the Shah’s tanks – The Independent

Posted February 3rd, 2014 in armed forces, contracts, EC law, government departments, Iran, news, sale of goods, sanctions by tracey

‘The Iranian government is taking a Ministry of Defence-owned company to the High Court to end a £400m row over British-made Chieftain tanks that has dragged on for 35 years.’

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The Independent, 2nd February 2014

Source: www.independent.co.uk

Iranian bank sues over sanctions – Daily Telegraph

Posted August 19th, 2013 in banking, compensation, costs, EC law, Iran, news, nuclear weapons, sanctions, Supreme Court by tracey

“The taxpayer faces a bill for up to £1 billion after the Government was sued by an Iranian bank that claimed it had been wrongly placed on a sanctions blacklist.”

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Daily Telegraph, 19th August 2013

Source: www.telegraph.co.uk

The Curious Case of Bank Mellat – Dyers Chambers

“On 19 June 2013, the Supreme Court gave judgment in the case of Bank Mellat v HM Treasury (No. 1) and (No. 2). Gavin Irwin reviews the latest developments in the deployment of sanctions against Iran and the tensions that can arise between international organisations, nation states and commercial entities.”

Full story (PDF)

Dyers Chambers, 11th July 2013

Source: www.dyerschambers.com

Bank Mellat: Closed Material Procedures and FOIA – Panopticon

“Last week, the Supreme Court gave judgment in Bank Mellat v Her Majesty’s Treasury (no.1) [2013] UKSC 38. The Bank Mellat case involved financial restrictions imposed by HMT on the Bank under the Counter-Terrorism Act 2008 (“the 2008 Act”), on the basis that it enabled funding for Iran’s nuclear weapons programme. The High Court and Court of Appeal had both adopted a closed material procedure (“CMP”) – i.e. a procedure in which the court sits in private, and hears evidence and/or submissions without one party either being present or seeing the material – in order to consider sensitive material adduced by HMT which could not be disclosed to the Bank. They had specific statutory authority to do so under the 2008 Act. The Supreme Court did not have such authority. The relevant questions were whether it was possible for the Supreme Court to adopt a CMP on appeal, in the absence of specific statutory provision; and if so, whether it was appropriate to do so in that particular case. The Supreme Court was faced with the difficulty of reconciling two strong but opposing interests. On the one hand, it was important that the Court should be able to see and consider any relevant material before the High Court and Court of Appeal. On the other, the Supreme Court itself in Al Rawi v Security Service [2012] 1 AC 531 had uncompromisingly set its face against any derogation from the open justice principle. The Supreme Court was divided; but the majority considered that the Court had implied authority to adopt a CMP under its powers conferred by the Constitutional Reform Act 2005, where the lower courts had themselves used a CMP. Nevertheless, the Court was uncomfortable about doing so, and expressed that discomfort in strong terms.”

Full story

Panopticon, 25th June 2013

Source: www.panopticonblog.com

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) – WLR Daily

Bank Mellat v HM Treasury (Liberty intervening) (Nos 1 and 2) [2013] UKSC 38; [2013] UKSC 39; [2013] WLR (D) 244

“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

An ABC on proportionality – with Bank Mellat as our primer – UK Human Rights Blog

Posted June 24th, 2013 in banking, EC law, human rights, Iran, news, proportionality, Supreme Court by sally

“My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to deal with this Iranian Bank. The legal ground (involving, as Lord Sumption described it, ‘an exacting analysis of the factual evidence in defence of the measure’ [20]) was that the direction was ‘disproportionate’. The judgments (particularly the dissenting one of Lord Reed) tell us a lot about the scope of proportionality. And there is a good deal more to it than there might at first sight appear.”

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UK Human Rights Blog, 22nd June 2013

Source: www.ukhumanrightsblog.com

Supreme Court – Measures against Iranian bank unlawful, and the secret hearing ruling – UK Human Rights Blog

“Two sets of judgments today from a 9-judge Supreme Court in the Bank Mellat case. The first explains why the Court adopted a secret procedure in the absence of the Bank (i.e. a Closed Material Procedure) but added that the whole palaver in fact added nothing to their knowledge. The second concludes that financial restrictions imposed in 2009 on an Iranian Bank which effectively excluded it from the UK financial market were arbitrary and irrational and were also procedurally unfair.”

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UK Human Rights Blog, 19th June 2013

Source: www.ukhumanrightsblog.com

Supreme court quashes Iran bank sanctions and criticises secret hearings – The Guardian

Posted June 19th, 2013 in banking, closed material, Iran, news, nuclear weapons, private hearings, sanctions by sally

“The government’s enthusiasm for secret courts has been set back after the UK’s most senior judges quashed anti-terrorist sanctions imposed on an Iranian bank and dismissed the intelligence involved as insignificant.”

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The Guardian, 19th June 2013

Source: www.guardian.co.uk

Supreme Court could use secret evidence in landmark case – Daily Telegraph

“The Supreme Court could use secret evidence in a ruling for the first time in a landmark case this week despite previously banning such material from civil courts.”

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Daily Telegraph, 18th March 2013

Source: www.telegraph.co.uk

Iranian torture guard refused UK citizenship – BBC News

Posted February 20th, 2013 in armed forces, citizenship, crimes against humanity, immigration, Iran, news by sally

“An Iranian army conscript has been refused UK citizenship after a judge ruled he had been too closely linked with ‘crimes against humanity’.”

Full story

BBC News, 19th February 2013

Source: www.bbc.co.uk

Treasury presses supreme court to consider secret evidence in bank case – The Guardian

Posted January 23rd, 2013 in banking, closed material, evidence, Iran, news, sanctions, Supreme Court by sally

“The Treasury is urging the supreme court to consider secret evidence for the first time when it hears an appeal by an Iranian bank against sanctions imposed on it by the British government.”

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The Guardian, 22nd January 2013

Source: www.guardian.co.uk

British judges refuse to extradite former Iranian diplomat to US – Daily Telegraph

Posted November 28th, 2012 in delay, diplomats, embassies, extradition, Iran, news by sally

“A former high-ranking Iranian diplomat has won a High Court battle in his attempt to avoid extradition to the US.”

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Daily Telegraph, 27th November 2012

Source: www.telegraph.co.uk

Appeasement it may be, but exclusion of Iranian dissident not a matter for the courts – UK Human Rights Blog

Posted March 22nd, 2012 in freedom of expression, Iran, news, parliament by sally

“The High Court has upheld an order by the Home Secretary preventing Maryam Rajavi, a prominent Iranian dissident, from speaking in Parliament. The exclusion order was imposed because of concerns about the deterioration of bilateral relationships between this country and the Iranian government, and fears that if the exclusion order was lifted there could be reprisals that put British nationals at risk and make further consular cooperation even more problematic. For further details of the Home Secretary’s decision see Henry Oliver’s excellent discussion of the case ‘Free Speech and Iranian Dissent in Parliament’.”

Full story

UK Human Rights Blog, 21st March 2012

Source: www.ukhumanrightsblog.com

Bank Mellat v HM Treasury – WLR Daily

Posted June 16th, 2010 in banking, Iran, law reports, nuclear weapons, proportionality, terrorism by sally

Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148

“The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed by such a direction was to be interpreted consistently with the jurisprudence of the European Court of Human Rights, according to which the means used did not always have to be limited to the minimum necessary to accomplish the legislative objective.”

WLR Daily, 15th June 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.