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Divisional Court refuses permission in challenge to lawfulness of the participation of UK agents in US drone strikes

21/12/12

The Division Court (Moses LJ and Simon J) has refused permission in an application for judicial review brought by a Pakistani man, Noor Khan, of the Secretary of State's reported practice of passing "locational intelligence" to the CIA for use in drone strikes in Pakistan. Noor Khan's father was killed in a drone strike on a tribal gathering in March 2011.

Moses LJ (giving the leading judgment) held that the true purpose of the proceedings was to persuade the court to do what it could to stop further drone strikes operated by the United States. That was something that the Court should not do. He held that the appropriate oversight body in this case was the Intelligence and Security Committee, not the Courts.

The judgment is here.

Martin Chamberlain, Oliver Jones and Prof. Robert McCorquodale acted for the Claimant, Noor Khan, instructed by Leigh Day & Co LLP.