The Home Office has asked the Court of Appeal to overturn a High Court decision to grant a judicial review of the proscription of Palestine Action, arguing that the group's co-founder must use the statutory appeal process instead. The case was heard on Thursday before a panel of three judges led by Lady Chief Justice Sue Carr.
Sir James Eadie KC, representing the Home Office, said the High Court was wrong to allow the challenge because a mechanism already exists: an appeal to the Home Secretary followed by the Proscribed Organisations Appeal Commission (Poac). He stated there was “nothing exceptional” about Huda Ammori’s case to justify bypassing the statutory scheme.
However, Raza Husain KC, for Ammori, argued the case was “unique”, citing widespread popular support for the protest group and the severe consequences of the ban. He noted that over 1,600 people have been arrested since the proscription on 5 July, with 138 charged, and that the Poac route would not hear the case until mid-2025, whereas a judicial review could occur in November.
Husain emphasised that Poac cannot quash the ban, meaning arrests and charges would remain valid if the ban is later overturned. He argued that the faster judicial review process would prevent ongoing “chilling” of speech and assembly and resolve uncertainty in criminal cases.
When asked by judges about the fate of those arrested if Poac de-proscribes the group, Sir James suggested that prior offences could still stand, as Parliament designed the scheme to align Poac’s jurisdiction with the High Court. The panel is expected to deliver its judgment next month.
