By: Richard Mumford
1 December 2010 by Richard Mumford
On 30 November 2010 the High Court handed down its written ruling upholding the 7/7 inquests Coroner’s decision that there were to be no ‘closed’ hearings at the inquests. An analysis of the Coroner’s decision can be found here. The High Court had previously given its decision, with an indication that reasons were to follow.
The Divisional Court of the High Court, composed of two colleagues of the Coroner (Dame Heather Hallett) in the Court of Appeal, robustly rejected the Home Secretary’s application for a review of the decision. In short, both judges concurred with Hallett LJ’s decision that the Coroners Rules did not provide a power to hear evidence in sessions from which ‘interested persons’ (including families of the 7/7 victims) could be excluded.
Continue reading →
Like this:
Like Loading...
8 November 2010 by Richard Mumford
Updated | On 3 November the judge acting as coroner for the 7/7 inquests ruled that she does not have the power to hold secret hearings to hear evidence which, if made public, would pose a threat to national security. Dame Heather Hallett also ruled that although she, as a Court of Appeal Judge, could look at ‘intercept evidence’ governed by the Regulation of Investigatory Powers Act 2000 (“RIPA”), such material could not form part of the evidence at the inquests.
The fundamental problem faced by Hallett LJ, linking the two parts of her ruling, was what to do about intelligence material , the revelation of which “in unredacted form would threaten national security” but which might have a bearing on her findings at the inquests. The problem can be traced back to Hallett LJ’s earlier ruling concerning the issues to be determined at the inquest, in particular the requirement for:
Continue reading →
Like this:
Like Loading...
3 November 2010 by Richard Mumford
On 1 November 2010 the Terrorist Asset-Freezing etc. Bill received its third reading in the House of Lords. The bill, which started in the Lords, must now be passed by the Commons before receiving Royal Assent.
The Bill represents the coalition government’s response to the Supreme Court’s decision in HM Treasury v Ahmed (incidentally, the first appeal to have been heard in the Supreme Court) concerning the lawfulness of measures enabling the Treasury to freeze the assets of, amongst others, a person whom it has reasonable grounds for suspecting is or may be a person who facilitates the commission of acts of terrorism.
Continue reading →
Like this:
Like Loading...
On 30 November 2010 the High Court handed down its written ruling upholding the 7/7 inquests Coroner’s decision that there were to be no ‘closed’ hearings at the inquests. An analysis of the Coroner’s decision can be found here. The High Court had previously given its decision, with an indication that reasons were to follow.
Recent comments