On 12 March 2015 the Investigatory Powers Tribunal (IPT) held a rare open hearing to consider any remedies it should provide on the hypothetical possibility that UK intelligence agencies had unlawfully intercepted privileged communication between Libyan nationals and their lawyers.
The details and outcome of the hearing have not yet been made available. The IPT’s Order of 26 February 2015 states as follows:
- There is a declaration that since January 2010 the regime for the interception/obtaining, analysis, use, disclosure and destruction of legally privileged material has contravened Article 8 ECHR and was accordingly unlawful.
- The factual issue as to whether the claimants’ legally privileged communications have in fact been intercepted/obtained, analysed, used, disclosed or retained (“relevant interception”) will be considered by the IPT in a closed hearing.
- There will be an open hearing to consider, on the hypothetical assumption (the true position being neither confirmed nor denied) that there has been relevant interception, what, if any, remedies should be granted to the claimants, at 10.30am on Thursday, 12 March 2015 in the Rolls Building in a court to be notified.
