28 April 2011
Maftah and another v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350, [2011] All ER (D) 120 (Apr)
While civil rights within the autonomous meaning of Art 6 could be brought into play either by direct challenge or by an administrative action, it was the nature and purpose of the administrative action that determined whether its impact on private law rights was such that a legal challenge to it involved a determination of civil rights.
The nature and purpose of freezing orders could be legitimately described both as: (a) a step in the international struggle to contain terrorism; and (b) as a targeted assault by the state on an individual’s privacy, reputation or property.
