R (on the application of A) (Appellant) v B (Respondent)

Case summary

Case ID

UKSC/2009/0020

Parties

Appellant(s)

A

Respondent(s)

B

Issue

Whether a challenge to a refusal to allow a former member of the intelligence services to publish a book describing his service must be brought before the Investigatory Powers Tribunal, pursuant to s 65(2)(a) Regulation of Investigatory Powers Act 2000

Facts

The Petitioner was formerly a senior member of the Security Service. He submitted a manuscript describing his work in MI5 to the Respondent, the Director of Establishments of the Security Service, seeking authorisation to publish it. Authorisation was refused and the Petitioner brought proceedings for judicial review to challenge the refusal as a breach of his right to freedom of expression. As a preliminary issue, the Respondent asked the court to decline jurisdiction in favour of the Investigatory Powers Tribunal.

Judgment details

Judgment date

9 December 2009

Neutral citation

[2009] UKSC 12

Judgment links

Appeal

Justices

Lord Phillips

Lord Hope

Lord Brown

Lord Mance

Lord Clarke

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