High court hears Palestine Action judicial review challenge in terrorism proscription case

Adam Straw KC and Rabah Kherbane act for the UN Special Rapporteur on counter-terrorism and human rights (the UNSR), Professor Ben Saul, an intervenor in the judicial review of the decision of the Home Secretary to proscribe as a terrorist organisation the direct action protest group Palestine Action. Adam and Rabah are instructed by Daniel Machover and Laura Chapman of Hickman & Rose.

The UNSR’s mandate was created by the United Nations Human Rights Council to address “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.”

Today, the court heard submissions on behalf of the UNSR.

The Claimant’s case is that proscription is unlawful and should be quashed, both for its incompatibility with Articles 10, 11 and 14 of the European Convention on Human Rights; and in public law terms.

The UNSR has filed evidence, including supporting notes from Gina Romero, the UN Special Rapporteur on the rights of peaceful assembly and association; and Irene Khan, the UN Special Rapporteur for the promotion and protection of the right to freedom of opinion and expressed. 

The court was also addressed on behalf of the UNSR on issues of international law, his special expertise, comparative assessment to European states, and the margin of appreciation in Convention terms on proscription of a direct action protest group. 

The hearing is listed over three days on 26 and 27 November 2025, and 2 December 2025, with judgment to follow. 

The case has been widely reported in the Press.