Proscription came into force on 5 July 2025. On Wednesday 20 July, the High Court granted permission to challenge that decision
Mr Justice Chamberlain granted permission on two grounds. First, that proscription of Palestine Action is a disproportionate interference with Article 10 (freedom of expression) and Article 11 (freedom of assembly) of the European Convention on Human Rights. The Claimant raised important points about the significant chilling effect on free speech that would result from the order, particularly during the ongoing genocide in Gaza. Second, permission was granted on the ground that the Home Secretary should have consulted with Palestine Action before making her decision to proscribe
Since the proscription came into force, hundreds of individuals have been stopped and searched and arrested under counter-terror legislation at protests across the country – some for merely wearing badges, carrying the Palestine flag or calling for deproscription
Permission to intervene in the case was granted to Professor Ben Saul, the UN Special Rapporteur on Counter-Terrorism and Human Rights. His mandate created by the United Nations Human Rights Council includes: “concerns over the misuse of legislation and policies to combat terrorism or alleged terrorism, and the growing adverse impact on human rights and fundamental freedoms.”
A number of other organisations, including the European Legal Support Centre (ELSC), and Netpol, have provided evidence in support of the Claimant’s challenge. Mr Justice Chamberlain’s judgment on permission can be found here. The initial interim relief application ruling can be found here, and the Court of Appeal decision here
The full judicial review claim will be heard over three days in late 2025
Garden Court Chambers