“Unless” order set aside due to error of law


Re: Royal Borough of Kensington & Chelsea v MJ & Anor [2017] UKUT 102 (AAC)

The claimant brought a claim against 22 defendants making various allegations as to the use of surveillance and interception of her communications. This included a claim against the Investigatory Powers Tribunal that it ought to have determined her complaint on these matters. The claims were struck out and those who applied for an extended civil restraint order were granted one on the basis that the claims were totally without merit. The claimant was held to have had sufficient opportunity to make submissions in opposition to the defendants’ applications, and it did not violate the ECHR, art 6 for the court to strike out claims that were not reasonably arguable.

David Wolfe QC was involved in this case.