Christopher Houssemayne du Boulay wins important jurisdictional argument before the IPT
16 Jun 2021
Christopher Houssemayne du Boulay has won an important argument before the Investigatory Powers Tribunal concerning the correct forum for determining the validity of a notice made under Section 49 of RIPA (requiring a person to hand over their passwords).
Christopher, who is a partner and barrister at Hickman & Rose, successfully argued that a challenge could be brought before the IPT, even where the police had been given permission to give the notice by the Crown Court.
The IPT’s decision means that it will have jurisdiction to hear challenges to the giving of section 49 notices in all circumstances, even where such challenges may entail, in effect, a review of matters previously determined by a judicial authority.
This was a novel legal issue, determined by the Tribunal’s President and Vice-President, which will be of significance to those seeking to challenge the use of investigatory powers by law enforcement.
Judgment of the case can be found here.