Palestine Action High Court challenge can go ahead, judge rules

Independent

3 days ago

Palestine Action's co-founder has won a bid to bring a High Court challenge over the group's ban as a terror organisation.
Huda Ammori is challenging Home Secretary Yvette Cooper's decision to proscribe the group under anti-terror laws, announced after the group claimed responsibility for action in which two Voyager planes were damaged at RAF Brize Norton on June 20.
The ban means that membership of, or support for, the direct action group is a criminal offence punishable by up to 14 years in prison.
Earlier this month, lawyers for Ms Ammori asked a judge to allow her to bring the High Court challenge over the ban, describing it as an 'unlawful interference' with freedom of expression.
And in a decision on Wednesday, judge Mr Justice Chamberlain said that two parts of the arguments on Ms Ammori's behalf were 'reasonably arguable'.
In his ruling, he said it was arguable that the proscription 'amounts to a disproportionate interference' of Ms Ammori's rights to freedom of expression and freedom of assembly.
He said: 'That being so, the point will have to be determined at a substantive hearing and it would not be appropriate for me to say more now.'
The judge continued that a second argument, that Ms Cooper failed to consult Palestine Action 'in breach of natural justice', could also go to a full hearing.
He said: 'As a matter of principle, I consider that it is reasonably arguable that a duty to consult arose.'
He continued: 'Having considered the evidence, I also consider it reasonably arguable that there was no compelling reason why consultation could not have been undertaken here.'
Mr Justice Chamberlain refused to allow Ms Ammori to challenge the Government's decision on several other grounds, including a claim that the Home Secretary failed to gather sufficient information on Palestine Action's activities or the impact of the proscription on people associated with it.
He also refused to allow Ms Ammori to argue that Ms Cooper breached her duty under the Equality Act, and took into account 'irrelevant considerations', such as whether Palestine Action's methods were 'morally or politically justifiable'.
Following the ruling, Ms Ammori said: 'This landmark decision to grant a judicial review which could see the Home Secretary's unlawful decision to ban Palestine Action quashed, demonstrates the significance of this case for freedoms of speech, expression and assembly and rights to natural justice in our country and the rule of law itself.'
She continued: 'We will not stop defending fundamental rights to free speech and expression in our country and supporting Palestinian people against a genocide being livestreamed before our eyes.'
Raza Husain KC, for Ms Ammori, previously told the court at the hearing on July 21 that the ban had made the UK 'an international outlier' and was 'repugnant'.
Mr Husain added: 'The decision to proscribe Palestine Action had the hallmarks of an authoritarian and blatant abuse of power.'
The Home Office is defending the legal action.
Sir James Eadie KC, for the department, said in written submissions that by causing serious damage to property, Palestine Action was 'squarely' within part of the terrorism laws used in proscription.
He said: 'There is no credible basis on which it can be asserted that the purpose of this activity is not designed to influence the Government, or to intimidate the public or a section of the public, and for the purpose of advancing a political, religious, racial or ideological cause.'
Previously, Ben Watson KC, for the Home Office, said Palestine Action could challenge the Home Secretary's decision at the Proscribed Organisations Appeal Commission (POAC), a specialist tribunal, rather than at the High Court.
Sir James said that an 'exceptional case' would be needed for it to go to the High Court, rather than the POAC.
Mr Justice Chamberlain said on Wednesday that a High Court challenge could take place in the autumn of this year, whereas an appeal to the specialist tribunal would take much longer.
He said: 'If it were necessary to appeal for deproscription, it is very unlikely that an application before POAC would be listed before the middle of 2026.'
In his judgment, he said: 'If the legality of the proscription order can properly be raised by way of defence to criminal proceedings, that would open up the spectre of different and possibly conflicting decisions on that issue in magistrates' courts across England and Wales or before different judges or juries in the Crown Court.
'That would be a recipe for chaos.
'To avoid it, there is a strong public interest in allowing the legality of the order to be determined authoritatively as soon as possible. The obvious way to do that is in judicial review proceedings.'
The judge also said that people protesting in support of Palestine and Gaza, but not expressing support for Palestine Action, had 'attracted various kinds of police attention, from questioning to arrest'.
He continued that it was 'important not to draw too much from the fact that police and others appear to have misunderstood the law on some occasions'.
But he added: 'Nonetheless, reports of the kind of police conduct referred to… are liable to have a chilling effect on those wishing to express legitimate political views.
'This effect can properly be regarded as an indirect consequence of the proscription order.'
Ms Cooper announced plans to proscribe Palestine Action on June 23, saying that the vandalism of the two planes, which police said caused an estimated £7 million of damage, was 'disgraceful'.