On 15 June 2026, the Court of Appeal (Lady Carr LCJ, Sir Geoffrey Vos MR, Edis LJ, Lewis LJ and Whipple LJ) unanimously held that the decision of the Home Secretary adding Palestine Action to the list of proscribed organisations at Schedule 2 to the Terrorism Act 2000 was lawful. The Court of Appeal also dismissed the application for permission to cross-appeal by the respondent (one of two co-founders of Palestine Action). The respondent had not challenged that Palestine Action was an organisation “concerned in terrorism” for the purposes of the Home Secretary’s power to proscribe under s.3 of the Terrorism Act 2000. The quashing order of the Divisional Court was set aside in that context.
The detailed judgment of the Court of Appeal merits close attention, particularly regarding (i) the proper interpretation of policies; and (ii) proportionality assessments in the context of national security.
Stephen Kosmin acted for the successful appellant. A copy of the judgment is found here.
