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Background
Background
A summary of the evidence adduced by the claimant in support of the claim and the background to the proscription order can be found at [8]-[25] of my judgment on interim relief. A summary of the applicable legal framework is set out at [27]-[39]. These are not repeated here.
- Heading
- Introduction
- Background
- Further evidence
- Preliminary issue
- The alternative remedy point
- Discussion
- The test to be applied in assessing whether an alternative remedy is adequate
- Factor (1): Timing
- Factor (2): The nature of the detriment
- Factor (3): Criminal cases
- Factor (4): Forum and procedure
- Factor (5): Would the availability of judicial review render the deproscription/POAC route a dead letter?
- The Kurdistan Workers’ Party case
- Conclusion
- The claimant’s grounds of challenge
- Ground 2
- Ground 1
- Ground 3
- Ground 4
- Ground 5
- Ground 6
- Ground 7
- Ground 8
- Conclusions