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Evidence

Disclosure - Closed material procedure - Treasury making Orders giving directions requiring all United Kingdom financial institutions to cease business relationships or transactions with all Iranian banks to prevent nuclear proliferation - Claimant challenging severe restrictions to its banking business imposed by Orders - Closed material procedure to prevent disclosure of material detrimental to public interest - Whether claimant bank entitled to gist of allegations against it in closed material to ensure fair trial - Whether sufficient disclosure to claimant of closed material - Human Rights Act 1998, Sch 1, Pt I, art 6 - Counter-Terrorism Act 2008, Sch 7 - Financial Restrictions (Iran) Order 2011 - Financial Restrictions (Iran) Order 2012

10 November 2015

Bank Mellat v Her Majesty's Treasury (No 4) [2015] EWCA Civ 1052; [2015] WLR (D) 427

CA: Lord Dyson MR, Richards, Lewison LJJ

23 October 2015

In proceedings to challenge directions in Orders made by the Treasury imposing severe restrictions on Iranian banks to hamper Iran's nuclear and ballistic missile programme, the claimant bank was entitled to disclosure of the gist of the allegations against it to enable it to give effective instructions to its special advocates in relation to those allegations. Since the Orders had a sufficiently serious impact on the claimant's banking business, that standard of disclosure was justified in order to ensure a fair trial under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Applying that standard, the claimant was entitled ...

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