Secretary of State for the Home Department v AF (No 3)
[2009] UKHL 28
Ratio Decidendi
In control order (now TPIM) proceedings, the controlled person must be given sufficient information about the allegations against them to enable them to give effective instructions to their special advocate.
Fakty
Control orders were imposed on the basis of closed material. The controlled persons argued they could not effectively challenge the orders without knowing the gist of the case against them.
Podsumowanie orzeczenia
The House of Lords held, following A v United Kingdom (ECtHR), that the requirements of a fair hearing meant the controlled person must be given sufficient information to enable effective instructions to the special advocate.
Kluczowe cytaty
"The controlled person must be given sufficient information about the case against him to enable him to give effective instructions to his special advocate."
— Lord Phillips
Późniejsze zastosowanie
Applied in subsequent TPIM and closed material procedure cases.