[2010] EWCA Civ 869

Where a non-derogating control order made under the Prevention of Terrorism Act 2005 was legally flawed, it attracted the usual consequence of a legally flawed administrative act, which was quashing ab initio. The secretary of state had acted unlawfully in moving towards the making of non-derogating control orders when, in order to justify them, he needed to rely on material which he was not willing to disclose, and accordingly the control orders were quashed with retrospective effect from the date on which they were made.

CA (Civ Div) (Lord Justice Maurice Kay, Rix LJ, Stanley Burnton LJ)


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