High Court Refuses Permission in Judicial Review on Combat Aircraft Export Decision - R (Al-Haq) v Secretary of State for Business
𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁 𝗥𝗲𝗳𝘂𝘀𝗲𝘀 𝗣𝗲𝗿𝗺𝗶𝘀𝘀𝗶𝗼𝗻 𝗶𝗻 𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹 𝗥𝗲𝘃𝗶𝗲𝘄 𝗼𝗻 𝗖𝗼𝗺𝗯𝗮𝘁 𝗔𝗶𝗿𝗰𝗿𝗮𝗳𝘁 𝗘𝘅𝗽𝗼𝗿𝘁 𝗗𝗲𝗰𝗶𝘀𝗶𝗼𝗻 - 𝗥 (𝗔𝗹-𝗛𝗮𝗾) 𝘃 𝗦𝗲𝗰𝗿𝗲𝘁𝗮𝗿𝘆 𝗼𝗳 𝗦𝘁𝗮𝘁𝗲 𝗳𝗼𝗿 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀
Rowena Wisniewska of 4-5 Gray's Inn Square has written a detailed case analysis in partnership with LexisNexis UK on the High Court’s refusal to grant permission for judicial review in R (Al-Haq) v Secretary of State for Business and Trade.
𝗖𝗮𝘀𝗲 𝘀𝘂𝗺𝗺𝗮𝗿𝘆:
Public Law analysis: Judicial review—the High Court refused permission to bring judicial review proceedings in respect of the government’s decision to exclude licences for the export of components for F-35 combat aircraft which could not be identified as destined for Israel (the F-35 exclusion). On 2 September 2024, the defendant, the Secretary of State for Business and Trade (the SSBT), decided to suspend licences authorising the export of items that might be used in carrying out or facilitating Israeli military operations in the conflict in Gaza. The SSBT did so explicitly because the government had formed the view that Israel was not committed to compliance with international humanitarian law in the conflict in Gaza and that there was therefore a clear risk that such items might be used in that conflict to commit or facilitate a serious violation of international humanitarian law.
To read the full analysis click here.
