Minimum disclosure

Bank Mellat v HM Treasury, CA, TLR 18 May

In civil proceedings in which a litigant’s rights to a fair trial under art 6 of the European Convention on Human Rights applied, the irreducible minimum rights required to be accorded the litigant are to be given sufficient information of the evidential case against him, to enable him to give effective instructions concerning the essential allegations against him. Accordingly, that was the standard of disclosure required by the Treasury on an application under s62 of and Sched 7 to the Counter-Terrorism Act 2008 against terrorist financing, money-laundering and certain other activities by making a financial restriction order prohibiting all persons in the financial sector to enter into transactions or any business relationship with the claimant bank.