The hearing
28.The following grounds of challenge were advanced for the claimants:(1) Procedural unfairness at common law and contrary to Article 6.1 ECHR.(2) Article 10 of ECHR.(3) Irrationality. 29.At the commencement of the hearing Mr Robin Allen QC, leading counsel for the defendant, applied to have the issue of the claimants’ standing decided as a preliminary issue. I refused the application. The arguments he wished to advance seemed to me to be at the heart of the claimants’ challenge on the substantive application. There was no advantage to be gained from holding a preliminary hearing.30.I propose to consider the arguments and grounds of challenge raised by this application for judicial review under the following headings:(1) the content and meaning of the advertisement;(2) the nature and extent of the ban;(3) the standing of the claimants;(4) the reasons for the ban;And as necessary and not already considered:(5) the available legal bases for imposing the ban;(6) any remaining grounds of challenge.
- MR JUSTICE NEWMAN
- Introduction
- www.go-northcyprus.com
- April 2005
- The hearing
- Content and meaning of the advertisement
- The nature and extent of the ban
- The standing of the claimants
- The standing of an unrecognised state
- The second claimant
- The reasons for the ban
- February 2005
- Paragraph 7.1(d) and (k) of the Advertising Policy
- Decision letter of 13
- Article 10 ECHR
- Prescribed by law
- Legitimate Aim
- Necessary in a democratic society
- Procedural Unfairness
