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Proceeding contribution from Lord Pannick (Crossbench) in the House of Lords on Wednesday, 6 October 2010. It occurred during Committee of the Whole House (HL) and Debate on bill on Terrorist Asset-Freezing etc. Bill [HL].


Terrorist Asset-Freezing etc. Bill [HL]

I would like clarification in relation to compensation. As I understood the Minister, he suggests that Amendment 57, giving the court the power to make such order as is considered appropriate, would be broad enough to empower the court to award compensation to the affected individual who had been designated. Is the Minister saying that this provision is broad enough and is intended to overturn the general principle of English administrative law—and, I presume, Scottish administrative law—that the law does not normally provide compensation for those who have suffered direct loss as the result of invalid administrative action? One normally needs to show some tort, a misfeasance—that either the official knew that what he was doing had no lawful basis or he was at least reckless. If it is the intention to give the court a power to grant compensation simply for the invalid nature of the designation, would it not be better to say so expressly in the Bill?


Secondary information

Type
Proceeding contribution
Reference
721 c194 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Compensation Civil liberties Appeals Assets Bank services Banks Court orders Advocacy Financial services Financial institutions Insurance International cooperation Money laundering Terrorism Stocks and shares Treasury Sequestration of assets High Court
Legislation
Terrorist Asset-freezing etc Bill (HL) 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk