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Palestine Action co-founder wins High Court challenge over terror ban

Following the judgment, Raza Husain KC, for Ms Ammori, made a fresh bid for a temporary block on the ban on Palestine Action.

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The group were banned under anti-terror laws by Yvette Cooper (Image: Getty)

Palestine Action will be allowed to challenge its designation as a terror organisation after a bombshell court ruling.

The group’s co-founder, Huda Ammori contested Home Secretary Yvette Cooper’s decision to proscribe the group under anti-terror laws after it claimed responsibility for vandalising two RAF miltary planes at Brize Norton.

Following the judgment, Raza Husain KC, for Ms Ammori, made a fresh bid for a temporary block on the ban on Palestine Action.

“We accept that we need to show a change of circumstances since the 4 July,” he said, referring to the initial bid for a temporary block on the ban.

Mr Husain said there was an “extensive and real world impact” of the ban since it came into force.

The barrister said he was seeking “a stay on article two of the order…that’s the article that proscribes Palestine Action”.

Following the ruling, Ms Ammori said: “This landmark decision to grant a judicial review which could see the Home Secretary’s unlawful decision to ban Palestine Action quashed, demonstrates the significance of this case for freedoms of speech, expression and assembly and rights to natural justice in our country and the rule of law itself.”

She continued: “We will not stop defending fundamental rights to free speech and expression in our country and supporting Palestinian people against a genocide being livestreamed before our eyes.”

Earlier this month, lawyers for Ms Ammori asked a judge to allow her to bring a High Court challenge over the ban, describing it as an “unlawful interference” with freedom of expression.

Giving a summary of his judgment, Mr Justice Chamberlain said that one of the arguments that will go on to a full legal challenge was about whether the Home Secretary should have consulted Palestine Action before banning the group.

He said: “It was reasonably arguable that a duty to consult arose and reasonably arguable that there was no compelling reason why consultation could not have been undertaken here.”

Mr Justice Chamberlain said on Wednesday that a High Court challenge could take place in the autumn of this year, whereas an appeal to the specialist tribunal would take much longer.

He said: “If it were necessary to appeal for deproscription, it is very unlikely that an application before POAC would be listed before the middle of 2026.”

In his judgment, he said: “If the legality of the proscription order can properly be raised by way of defence to criminal proceedings, that would open up the spectre of different and possibly conflicting decisions on that issue in magistrates’ courts across England and Wales or before different judges or juries in the Crown Court.

“That would be a recipe for chaos.

“To avoid it, there is a strong public interest in allowing the legality of the order to be determined authoritatively as soon as possible. The obvious way to do that is in judicial review proceedings.”

Mr Husain KC told the court at the hearing on July 21 that the ban had made the UK “an international outlier” and was “repugnant”.

Mr Husain added: “The decision to proscribe Palestine Action had the hallmarks of an authoritarian and blatant abuse of power.”

The Home Office is defending the legal action.

Sir James Eadie KC, for the department, said in written submissions that by causing serious damage to property, Palestine Action was “squarely” within part of the terrorism laws used in proscription.

He said: “There is no credible basis on which it can be asserted that the purpose of this activity is not designed to influence the Government, or to intimidate the public or a section of the public, and for the purpose of advancing a political, religious, racial or ideological cause.”

Ms Cooper announced plans to proscribe Palestine Action on June 23, saying that the vandalism of the two planes, which police said caused an estimated £7 million of damage, was “disgraceful”.

The bid for a full High Court challenge comes after Ms Ammori failed in a previous bid to temporarily block the ban coming into effect, and the Court of Appeal dismissed a challenge over that decision less than two hours before the proscription came into force on July 5.

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