Judges reject government appeal
The Court of Appeal has ruled that a legal challenge against the UK government’s decision to ban Palestine Action can proceed, rejecting an attempt by ministers to block the case.
The group’s co-founder Huda Ammori brought the challenge after Home Secretary Yvette Cooper used anti-terrorism powers in June to proscribe Palestine Action – making it a criminal offence to belong to or support the organisation.
Since the ban took effect in July, police have made hundreds of arrests and more than 100 people have been charged for showing public support for the group. The proscription carries a potential 14-year prison sentence.
Activists say the government’s move has had a “chilling effect” on free speech, particularly amid ongoing protests linked to the war in Gaza, where a ceasefire between Israel and Hamas remains in place.
Court says judicial review appropriate
In its judgment, a panel including Lady Chief Justice Baroness Sue Carr upheld an earlier High Court ruling that the case could be heard via judicial review, rather than through the Proscribed Organisations Appeal Commission (POAC) – the route proposed by government lawyers.
Carr said the lower court had been “entitled to conclude” that POAC was not “an adequate remedy” in this instance, adding that judicial review would provide a quicker means of challenge.
The judges also found that POAC was “never intended” as a mechanism for contesting an initial proscription, but rather for reviewing whether a ban should remain in force once circumstances had changed.
The ruling clears the way for High Court hearings next month, where the legality of the ban will be tested.
Activists hail ‘landmark victory’
Reacting to the decision, Ammori called it “a landmark victory” against “one of the most extreme attacks on civil liberties in recent British history.” She said the case reaffirmed the principle that “government ministers can and must be held accountable when they act unlawfully.”
The Home Office defended its decision, saying Palestine Action had conducted an “escalating campaign” of criminal damage and intimidation, targeting Britain’s national security infrastructure and defence firms.
“Supporting Palestine and supporting a proscribed terrorist group are not the same thing,” a spokesperson said.
The case marks a significant test of the balance between national security powers and the right to protest – and is likely to set a precedent for how the UK government handles politically charged activist movements in the future.