R (BBC and Dominic Casciani) v Secretary of State for Justice

The Administrative Court has quashed a decision of the Secretary of State not to allow the BBC to film for broadcast an interview with Babar Ahmad, a British national detained without trial for over seven years pending his extradition to the United States.

On the facts of the case, the Court (Lord Justice Hooper and Mr Justice Singh) found the Secretary of State’s refusal to be a disproportionate interference with the right to freedom of expression under Article 10.

Lord Pannick QC and Tom Cleaver represented the BBC. James Eadie QC represented the Secretary of State.