[2006] EWCA Civ 1141

The judge was right to hold that purported non-derogating control orders made by the Secretary of State for the Home Department were, in fact, derogating control orders that the secretary of state had no power to make, as the obligations imposed were so severe that they amounted to a deprivation of liberty contrary to the Human Rights Act 1998 Sch.1, and the judge had the jurisdiction to quash those orders rather than to modify the obligations.

CA (Civ Div) (Lord Phillips LCJ, Sir Anthony Clarke MR, Sir Igor Judge (President))

01/08/2006