New Judgment: SSHD v AF & Ors [2009] UKHL 28. Appeal Allowed.
10 Wednesday Jun 2009
Matrix Legal Support Service News Articles, New Judgments
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Summary by: Alison Macdonald (Matrix). A unanimous 9 member House of Lords allowed the appeal in the Article 6 control case today.
The House of Lords allowed the appeals of three men subject to control orders. Their Lordships considered that the decision of the European Court of Human Rights in A v United Kingdom meant that the imposition of a control order based solely or to a decisive degree on material which is not disclosed to the controlled person, even in summary form, violates Articles 5(4) and 6 of the European Convention on Human Rights. They overruled any suggestion to the contrary in their previous decision of MB, including the suggestion that the test was whether the non-disclosure made a difference to the result.
For judgment, please download: [2009] UKHL 28