State immunity — Jurisdictional immunity — Application to civil or commercial matters — European Community Judgments Regulation — Definition of public law act — Libel action for exercise of public authority — The law of England

Aliens — Immigration and deportation — Appellants deemed to be danger to national security — Deportation orders authorized by Home Secretary — Appellants appealing against deportation orders — Whether deportation from United Kingdom to home countries would breach appellants’ rights under European Convention on Human Rights, 1950 — Special Immigration Appeals Commission upholding deportation orders — Procedural and substantive objections to deportation orders — Whether Commission erring in law — Jurisdiction of Commission and Court of Appeal — Questions of fact and law — Commission procedure — Legitimacy and fairness — Whether Commission permitted to use closed material in reaching conclusions on safety on return — Assurances — Whether effective — Whether individual assurances of receiving State can be relied upon where pattern of human rights violation in receiving State — European Convention on Human Rights, 1950

Relationship of international law and municipal law — European Convention on Human Rights, 1950 — Convention requiring effective remedy before national authority where breach of Convention — United Kingdom instituting specialist tribunal in Special Immigration Appeals Commission — Review of Commission decisions — Right of appeal to Court of Appeal on questions of law only — Procedural objections — Whether no reasonable tribunal, properly directed, could have reached same conclusion on evidence — Whether Commission permitted to use closed material in reaching conclusions on safety on return — Whether Commission erring in law

Human rights — Prohibition of torture — Whether substantial grounds for believing appellants would be at real risk of exposure to treatment contrary to Article 3 of European Convention on Human Rights, 1950 — Whether question of fact not subject to appeal — Assurances to be considered with other relevant circumstances — Whether question of fact — Whether assurances could only be relied upon if eliminated all risk of inhuman treatment — Whether conclusions of Special Immigration Appeals Commission irrational — Article 3 of European Convention on Human Rights, 1950

Human rights — Right to fair trial — Application to foreign trial — Whether returning appellant to native Jordan would breach Article 6 of European Convention on Human Rights, 1950 — Whether Special Immigration Appeals Commission erring in law by concluding Article 6 no bar to deportation — Whether Commission permitted to use closed material in reaching conclusions on safety on return — Whether defects in criminal trial would amount to flagrant denial of fair trial — Whether composition of Jordanian court constituting flagrant breach of Article 6 — Prohibition on use of evidence obtained by torture — Whether real risk of use of evidence obtained by torture necessarily amounted to flagrant denial of justice — Whether United Kingdom required to retain terrorist suspect to detriment of national security — Article 6 of European Convention on Human Rights, 1950

Human rights — Right to liberty and security — Whether substantial grounds for believing appellant would be held without charge for 50 days if deported — Whether constituting flagrant breach — Whether returning appellant to native Jordan would breach Article 5 of European Convention on Human Rights, 1950

Treaties — Refugee Convention — Whether Article 1F(c) of Refugee Convention applying to acts of person after granted refugee status — Prohibition on non-refoulement in Article 33(1) — Proviso in Article 33(2)

Terrorism — Appellants deemed to be danger to national security in United Kingdom — Deportation orders for appellants to return to native Jordan and Algeria — Whether United Kingdom breaching obligations under European Convention on Human Rights, 1950 by deporting appellants — The law of England

Environment — Nuisance — Odours — Environmental proceedings — Whether odours from defendant’s premises interfering with claimants’ enjoyment of their properties — Costs — Whether interim costs issue should have been reserved for trial judge — Whether interim costs order unfair and prohibitively expensive — Article 9(4) of Aarhus Convention, 1998 — Applicability of Convention

Treaties — Interpretation and scope — Aarhus Convention, 1998 — United Kingdom and European Community ratifying Convention — Principle in Convention that costs in environmental proceedings should not be prohibitively expensive — Whether Convention applying to private nuisance proceedings — Whether costs order contravening principle — Whether court obliged to comply with Convention — Relevance of Convention

Relationship of international law and municipal law — Treaties — Effect of treaty in domestic law — Aarhus Convention, 1998 — Status of Convention in English law — Principle in Convention that costs in environmental proceedings should not be prohibitively expensive — Treaty obligation — Relevance — Whether directly binding on court — Whether any directly applicable rule of Community law — Civil Procedure Rules Part 44 containing principles governing award of costs in England and Wales — The law of England

Extradition — Rwandan genocide — Rwandan Government requesting extradition of appellants to Rwanda to face trial for crimes of genocide — Secretary of State for Home Department ordering appellants’ extradition — Extradition Act 2003 — Memorandum of Understanding — Appellants appealing against extradition — Whether extradition orders contravening Article 6 of European Convention on Human Rights, 1950 — Whether Memorandum of Understanding sufficient assurance that Rwandan Government would uphold rule of speciality

Human rights — Right to fair trial — Whether real risk of flagrant denial of justice if appellants extradited to Rwanda to face trial in High Court of Rwanda — Difficulties regarding defence testimony — Whether High Court lacking impartiality and independence — Evidence — International Criminal Tribunal for Rwanda decisions — Relevance — Political context — Article 6 of European Convention on Human Rights, 1950 — The law of England

Arbitration — Jurisdiction — International Chamber of Commerce arbitration — Arbitration arising from contract between ImageSat International NV and State Union of Serbia and Montenegro — Montenegro declaring independence — Serbia and Montenegro two separate States — Whether arbitrator having jurisdiction to decide whether Serbia “successor” or “continuator” or “continuation” of State Union of Serbia and Montenegro in international law — Whether ImageSat estopped or precluded from contending Serbia “continuator” in law of State Union — Whether Serbia contractually submitting to arbitrator’s jurisdiction by its agreement in Terms of Reference — Serbia challenging substantive jurisdiction of arbitrator — Section 67 of Arbitration Act 1996 — Whether Partial Award to be set aside

State succession — State Union of Serbia and Montenegro — Article 60 of Constitutional Charter of State Union — Montenegro declaring independence — Whether Serbia new successor State or continuation of State Union of Serbia and Montenegro — Distinction between State continuity and State succession in international law — Agreement binding on State Union of Serbia and Montenegro — Whether binding on Serbia — Whether parties giving arbitrator substantive jurisdiction to determine

Relationship of international law and municipal law — Questions of public international law — Questions whether Serbia “successor” or “continuator” of State Union of Serbia and Montenegro — Whether justiciable and arbitrable in English court — Section 67 of Arbitration Act 1996 — The law of England

Human rights — Inhuman and degrading treatment — Section 15(1) of Constitution of Zimbabwe — Applicants detained in police holding cells — Applicants alleging degrading and inhumane conditions — Applicants seeking redress for alleged violation of constitutional right — Whether applicants subjected to inhuman and degrading treatment — Whether applicants entitled to constitutional protection

Relationship of international law and municipal law — Decisions of international tribunals on human rights — Inter-American Court of Human Rights — European Court of Human Rights — International instruments — International norms — Relevance — The law of Zimbabwe