Cases

R (on the application of A) v B

Held

For the purposes of section 7 of the HRA, Parliament did not intend for a claimant to choose for him or herself whether to bring a claim in a court, by way of judicial review, or before the IPT. On a proper construction of s 65(2)(a) of RIPA the correct forum was the IPT, the jurisdiction of other courts or tribunals was excluded. Unlike ordinary courts the IPT has available to it an elaborate set of rules to govern proceedings against an intelligence service under s.7 of the HRA, none of which are available to ordinary courts. The construction is consistent with s.7(2) of the HRA which requires that a court or tribunal is designated as the appropriate forum, not that both are designated.

Also