T3/2014/2545 Before Lord Justice Richards, Lord Justice Sullivan and Lord Justice McFarlane, The Queen on the application of Sarkandi & Ors – v – Secretary of State for Foreign and Commonwealth Affairs. Appeal of Claimants from the order of Mr Justice Bean, dated 11th July 2014. 

M Taher & Co acted for the Appellants, Sarkandi & Others, in an appeal against the order of Bean MJ of 11 July 2014 making a declaration, upon the Secretary of State’s interlocutory application, that a closed material procedure (“CMP”) can be used in this case, pursuant to section 6 of the Justice and Security Act 2013. The hearing in the Court of Appeal, the first ever in the context of the newly introduced Act, took place on 9 June 2015, followed by a closed part hearing on 10 June 2015.

By way of background, the European Council, by Decision 2011-783-CFSP and Regulation 1245-2011 of 1 December 2011 and upon the proposal of the UK Secretary of State for Foreign and Commonwealth Affairs, added the names of the five Appellants to the list of designated individuals on grounds relating to the alleged involvement in Iranian nuclear activities of the Islamic Republic of Iran Shipping Lines (IRISL) by which company they are or have previously been employed. On 9th February 2012 the said Appellants, represented by M Taher & Co, applied to the General Court of the European Union to annul the Decision and Regulation adding them to the list. That issue was determined, as a matter of European law, in the Appellants’ favour by the General Court: firstly, in IRISL v Council on 16 September 2013, by holding the designation of IRISL unlawful and subsequently in Sarkandi (also known as Nabipour) & Others v Council on 12th December 2013, by holding the claimants’ designation unlawful.

Bean MJ’s declaration was made in the context of the Appellants’ claim for judicial review of the Secretary of State’s decision to propose to the European Council that the Appellants be included in the EU sanctions list.

We are not yet at the stage of a hearing on the merits of the judicial review application, the effect of the declaration being to permit the Secretary of State to seek to rely on closed material which is not disclosed to the Appellants or their legal representatives, and to exclude them from the hearing of parts of the substantive judicial review, their interests being represented by Special Advocates.

The parties are currently awaiting the Court’s decision.