Ahmed and others v Her Majesty’s Treasury; al-Ghabra v Her Majesty’s Treasury; R (Youssef) v Her Majesty’s Treasury

The Supreme Court has given judgment in these conjoined appeals concerning the legality of secondary legislation made under section 1 of the United Nations Act 1946 to give effect to a series of UN Security Council Resolutions requiring member states to freeze the assets of (i) Al-Qaida, the Taliban and their associates, and (ii) those involved in international terrorism.

The Court held, unanimously, that the Terrorism (United Nations Measures) Order 2006 was ultra vires section 1 and should be quashed. The Order went beyond what was necessary or expedient for implementing the relevant UNSCRs by providing that a person’s assets could be frozen merely on the basis of a ‘reasonable suspicion’ of involvement in terrorism.

The Court further held, Lord Brown dissenting, that the Al-Qaida and Taliban (United Nations Measures) Order 2006 was also ultra vires section 1 and should be quashed. The Order provided no means by which a person included on the UN’s Consolidated List could challenge the decision to list him as a terrorist – with the consequence that his assets would be automatically frozen – before an independent and impartial judge.

These appeals were selected to be first case heard by the Supreme Court because of what Lord Phillips, the President of the Court, described as their ‘obvious public importance’.

Michael Fordham QC, Shaheed Fatima and Iain Steele acted for the Intervener, JUSTICE.