On the 12th and 13th of March, 7BR’s Steven Gray is appearing for the Home Secretary in the Supreme Court in the terrorism related case of QX v Secretary of State for the Home Department. The issue before the Supreme Court is whether Article 6(1) ECHR applies to a review of a decision to impose a temporary exclusion order (TEO).

The case represents the first substantive challenge to the Home Secretary’s decision to impose a TEO under the Counter-Terrorism and Security Act 2015, and is therefore the lead authority in relation to this statutory scheme.

At various stages, the proceedings have considered the applicability of Article 6(1) ECHR to a review (on judicial review principles) of the decisions to impose and maintain a TEO and to impose obligations pursuant to the TEO.

Steven also appeared on behalf of the Home Secretary in the Court of Appeal, the judgment for which is available at QX v Secretary of State for the Home Department [2023] KB 472. The Court of Appeal further considered whether the court has the power to order the Home Secretary to tender a national security witness for cross-examination.

As the appeal progresses, the live stream of advocacy in the Supreme Court is available here. The Court’s summary of the legal issues in the case is available here.

To learn more about Steven’s practice, please click here.


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