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Rachel Toney acts as junior special advocate in significant High Court case

24th June 2020

Rachel Toney acts as junior special advocate in significant High Court case QX v Secretary of State for Home Department. Click Here for the Bailli report.


UK High Court (Farbey J) reached a landmark preliminary decision that ECHR Article 6 applies to the judicial review of obligations imposed under a Temporary Exclusion Order (TEO). The Court further held that the claimant is entitled to the level of disclosure outlined in SSHD v AF (No 3). This judgement sets a welcome precedent for applying Article 6 to closed material proceedings under the Counter Terrorism and Security Act 2015. The ruling is consistent with the procedural protections applied to the former regime for control orders, now succeeded by TPIM notices. The case now proceeds to a substantive hearing later this term.


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