“Supreme Court sets procedural fairness standards for national security banking exclusions”
HM Treasury issued directions under the Counter-Terrorism Act 2008 and Terrorist Asset-Freezing etc Act 2010 requiring UK financial institutions to cease business relationships with Bank Mellat, an Iranian bank. The directions were made without prior notice to Bank Mellat and were based on concerns about Iran's nuclear programme and money laundering risks.
Whether the Treasury's failure to give Bank Mellat prior notice and an opportunity to make representations before issuing the directions violated procedural fairness requirements under common law and human rights principles.
The Supreme Court allowed Bank Mellat's appeal, finding that the Treasury had breached procedural fairness requirements by failing to give prior notice and an opportunity for representations before issuing the directions.
This case significantly strengthened procedural rights in national security contexts and established that executive decisions affecting fundamental rights remain subject to rigorous judicial review even when involving sensitive security matters.
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OSCOLA Citation
Bank Mellat v HM Treasury (No 2) [2013] UKSC 39
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