As previously reported, the Court of Appeal held in October 2015 that the principles relating to the disclosure of closed material in the context of control orders, as set out in the House of Lords judgment in AF (No. 3), also applied to disclosure in the context of applications to set aside a financial restrictions decision, see: Bank Mellat v HM Treasury (No 4)  EWCA Civ 1052, and remitted the case to the Administrative Court to consider whether there had been sufficient disclosure by HM Treasury in Bank Mellat’s action to set aside financial restrictions affecting it.
The Administrative Court has just decided, in a closed judgment, that some material may be withheld and other disclosed. The open judgment (Bank Mellat v HM Treasury  EWHC 2931 (Admin)) sets out the relevant principles applied in the closed judgment.
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >