Source: All England Reporter
Publisher Citation: [2010] All ER (D) 15 (May)
Neutral Citation: [2010] EWCA Civ 481
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Maurice Kay and Pitchford LJJ
Representation Michael Fordham QC and Stephanie Harrison (instructed by Birnberg Peirce & Partners) for the claimant.
  Tim Eicke (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 4 May 2010

Catchwords

Terrorism - Prevention of terrorism - Control order - Non-derogating control order - Modification of control order - Modification requiring controlled person to relocate to different address - Controlled person appealing against modification - Judge dismissing controlled person's application for judicial review and refusing to grant injunction sought - Whether controlled person to whom Secretary of State had given notice of modification could challenge or reverse modification - Whether human rights provision applying to instant appeal - ss 3(10), 10(1)(b) - European Convention on Human Rights, art 6.

The Case

Terrorism Prevention of terrorism. The Court of Appeal, Civil Division, found that where the High Court had made a non-derogating control order against the claimant, pursuant to s3(1)(a) of the the judge's subsequent dismissal of the claimant's applications for urgent consideration of the putting into effect of a modification and interim injunctive relief had been correct.

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