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In a judgment handed down on 5th November 2014 Mr Justice Collins held that the standards of disclosure identified by the House of Lords in Secretary of State for the Home Department v AF (No 3) [2010] 2 AC 269 (AF3) in relation to Article 6 of the European Convention on Human Rights applied to proceedings brought by the Iranian Bank, Bank Mellat. Bank Mellat is challenging economic sanctions imposed under the Counter Terrorism Act 2008. His Lordship rejected the Treasury’s argument that a different, and lower, standard applied by virtue of the Supreme Court’s decision in Tariq v Home Office [2012] 1AC 452. His Lordship concluded his judgment by stating “It seems to me that, while the Bank’s liberty is not affected in the same way as that of an individual, the utterly damaging effect on its ability to function is material.  It must not be forgotten that London is a, some would say the, major centre for financial institutions. Exclusion is thus particularly damaging.  In these circumstances, I am persuaded that Article 6.1 does require disclosure that meets the requirement of AF3.”

The full judgment can be read here: http://www.bailii.org/ew/cases/EWHC/Admin/2014/3631.html 

Timothy Otty QC appeared for Bank Mellat.

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