Bank Mellat v Her Majesty’s Treasury

In a judgment handed down on 23 October 2015 the Court of Appeal upheld the earlier decision of Collins J 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. The Court rejected the Treasury’s argument that a different, and lower, standard of disclosure applied by virtue of the Supreme Court’s decision in Tariq v Home Office [2012] 1AC 452. The Court of Appeal also allowed the Bank's appeal against a separate closed judgment of Ouseley J which had held that even applying AF(No 3) no further disclosure was required.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWCA/Civ/2015/1052.html
 
Timothy Otty QC appeared as part of the Counsel team acting for Bank Mellat.