Jurisdiction(s):
United Kingdom

Proscription of Palestine Action unlawful for policy breach and disproportionate interference with Articles 10 and 11; quashing order stayed; implications for arrests and s 29A Senior Courts Act

Published on: 31 March 2026

Published by a LexisNexis Public Law expert

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Article summary

What was the background?

The claimant, Huda Ammori, a co-founder of Palestine Action, issued judicial review proceedings contesting the Home Secretary’s move to proscribe Palestine Action under section 3 of the Terrorism Act 2000. Proscription followed the statutory scheme, concluding in the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025, SI 2025/803, which criminalised membership of, and support for, the group. The claim targeted the decision to seek proscription rather than the Order itself. The permitted grounds comprised alleged procedural unfairness, failure to take into account relevant considerations, breach of the published policy governing the exercise of the proscription discretion, and incompatibility with Convention rights under Articles 10, 11 and 14 ECHR, contrary to section 6 of the Human Rights Act 1998. A prior issue was whether judicial review should be declined because of an alternative statutory remedy via the Proscribed Organisations Appeal Commission. The Court of Appeal held that the deproscription regime in sections 4–6 of the 2000 Act does not provide a route to challenge the initial proscription decision, thereby confirming that judicial review was available. The court therefore addressed...

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