England and Wales High Court (Administrative Court) Decisions (original) (raw)

Introduction

1

Procedural matters

11

Background to the 2016 Act

18

The legislative scheme of the 2016 Act

34

The Human Rights Act 1998

63

Caselaw of the European Court of Human Rights on "in accordance with the law"

76

Guidance from the Supreme Court on "in accordance with the law"

83

The importance of the nature of the alleged incompatibility

87

Use of Hansard in cases concerning the compatibility of primary legislation under the HRA

91

The jurisdiction of the Investigatory Powers Tribunal

99

The decision of the First Section in Big Brother Watch

113

The challenge to the regime for bulk interception warrants

142

The challenge in respect of bulk and thematic equipment interference warrants

179

Non-protected material

202

Thematic equipment interference warrants under Part 5

204

The challenge in respect of bulk personal datasets

210

The challenge in respect of bulk acquisition warrants

241

The challenge to Parts 3 and 4 of the 2016 Act

265

Lawyer-client communications

271

The challenge in respect of confidential journalistic material

293

MI 5's handling arrangements

353

Conclusion

393

Annex: Overview of relevant legislation

Annex