The Court held that regulations 14 and 15 of the Autonomous Sanctions Regulations 2011 must be read down to exclude actions taken for the purpose of challenging decisions under the Act in s 75(v) or s 39B(1) proceedings, preserving access to legal representation for such challenges. The Court rejected arguments that the regulations were wholly invalid on Chapter III, implied freedom, or common law grounds. The Court also held that the Minister had not misunderstood the discretionary nature of the power to designate and declare persons under the sanctions regime.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.