Judgments
Court of Appeal dismisses the Treasury’s appeal in Bank Mellat v HM Treasury
06/05/10
In Bank Mellat v HM Treasury [2010] EWCA Civ 483, the Court of Appeal has held that every party to litigation has the right, under article 6(1) of the European Convention on Human Rights, to be given sufficient information about the evidential case against him so as to enable him to give effective instructions in relation to that case. The decision of the House of Lords in AF (No 3) [2009] 3 WLR 74 is not confined to the control order context. The Court made clear that in the financial restrictions proceedings at issue in this case, in which the Treasury is relying on closed evidence, the Bank had to be given sufficient information to enable it actually to refute the case made against it by the Treasury, not merely to deny that case. Amy Rogers, led by Jonathan Crow QC, successfully represented Bank Mellat in resisting the Treasury’s appeal on this issue.
