Source: All England Reporter
Publisher Citation: [2006] All ER (D) 108 (Sep)
Neutral Citation: [2006] EWHC 2328 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Kenneth Parker QC sitting as a Deputy Judge of the High Court
Representation Simon Cox (instructed by Birnberg Pierce & Partners) for the first and third claimants.
  Simon Cox (instructed by Public Law Solicitors) for the second claimant.
  Jonathan Swift (instructed by the Treasury Solicitor) for the defendant and the first and second interested parties.
  Irena Sabic (instructed by Manchester City Council) for the fifth interested party.
  The third and fourth interested parties did not appear and were not represented.
Judgment Dates: 22 September 2006

Catchwords

Social security - Benefits - Disqualification - United Nations, European and domestic provisions preventing funds or economic resources being made available to designated person or entity - Spouse of designated person being entitled to social security - Licence by Treasury - Interpretation of provisions regarding economic resources - Clarity of licences - United Nations Security Council Resolution 1390 (2002) - Council Regulation (EC) 881/2002, arts 2, 2a - Al-Qa'ida and Taliban (United Nations Measures) Order 2002, art 7.

The Case

In a case in which three claimants who were entitled to benefits were married to persons who were listed under the United Nations Security Council Resolution 1390 (2002) applied for judicial review in relation to the licensing by HM Treasury in connection with arts2 and 2a of Council Regulation (EC) 881-2002 Article 7 of the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 of payments to them, the application would be refused as a narrow interpretation that the resolution's purpose was to prevent listed persons from having access to or control over funds or economic resources, since those could be used to obtain items and services of use for terrorism was incorrect and the licences were sufficiently clear and flexible.

Practice Areas

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