A v B

Mr Keir Starmer, Q.C. & Mr Guy Vassall-Adams (instructed by Bindman & Partners) for the Claimant Mr Philip Havers Q.C. & Mr Jason Coppel (instructed by the Treasury Solicitor) for the Defendant Hearing dates: 15 June 2008 ____________________

This ouster provision is only applicable to proceedings pursuant to s.65(2)(a) and (b) (s.67(9).

Rule 13(2) of the Rules requires the Tribunal, if they make a determination in favour of the complainant, to provide him with a summary of that determination including any findings of fact. But if the complainant loses, he does not know why and he has no right of appeal.

However, in Paragraph 55 the Tribunal recognised that their procedural regime for hearings 'departs significantly from the fair trial standards ordinarily required by Article 6 in terms of the open adversarial determination of issues.'

There must be 'the most clear and explicit words' if the court's jurisdiction is to be taken away: see Re Gilmore's Application [1957] 1 QB 574 at 583 per Denning LJ.