In November 2024, the UK’s High Court (the “Court”) issued its judgment on the first appeal of a Final Order (“Order”) imposed by the UK government (acting through the Secretary of State) under the UK’s National Security and Investment Act 2021 (the “NSIA”).
Under UK public law, decisions such as the Order can only be challenged on a judicial review basis – i.e., on the process and not on the merits. The Court not only confirms this position, but also clearly indicates limits to the scope of UK courts’ powers to opine on the substance of national security risk and reveals a wide margin of discretion for the UK government.Continue Reading Five takeaways from the first court challenge to a UK NSIA Final Order