Palestine Action granted permission to challenge proscription as terrorist organisation

Tuesday 5 August 2025

Owen Greenhall and Audrey Cherryl Mogan of the Garden Court Chambers Protest Team, act as junior counsel for Huda Ammori, a co-founder of the direct action protest network, Palestine Action.

They are instructed by Gareth Pierce of Birnberg Pierce and Lydia D’Agostino of Kellys Solicitors.

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On 23 June 2025, the Home Secretary announced the decision to proscribe Palestine Action, the first time that any government had sought to proscribe a protest group. The order was approved by Parliament under the affirmative resolution procedure.

The Claimant lodged an urgent application for interim relief to suspend the order which was heard on 4 July 2025 and rejected. That decision was upheld on an out-of-hours appeal by the Court of Appeal sitting until after 10pm that same night.

Proscription came into force on 5 July 2025. On Wednesday 20 July, the High Court granted permission to challenge that decision.

Mr Justice Chamberlain granted permission on two grounds. First, that proscription of Palestine Action is a disproportionate interference with Article 10 (freedom of expression) and Article 11 (freedom of assembly) of the European Convention on Human Rights. The Claimant raised important points about the significant chilling effect on free speech that would result from the order, particularly during the ongoing genocide in Gaza. Second, permission was granted on the ground that the Home Secretary should have consulted with Palestine Action before making her decision to proscribe.

Since the proscription came into force, hundreds of individuals have been stopped and searched and arrested under counter-terror legislation at protests across the country – some for merely wearing badges, carrying the Palestine flag or calling for deproscription.

Permission to intervene in the case was granted to Professor Ben Saul, the UN Special Rapporteur on Counter-Terrorism and Human Rights. His mandate created by the United Nations Human Rights Council includes: “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.”

A number of other organisations, including the European Legal Support Centre (ELSC), and Netpol, have provided evidence in support of the Claimant’s challenge. Mr Justice Chamberlain’s judgment on permission can be found here. The initial interim relief application ruling can be found here, and the Court of Appeal decision here.

The full judicial review claim will be heard over three days in late 2025.

Owen Greenhall and Audrey Cherryl Mogan are representing Palestine Action, led by Raza Husain KC and Blinne Ní Ghrálaigh KC, alongside Mira Hammad, Grant Kynaston and Paul Luckhurst and are instructed by Birnberg Peirce Solicitors and Kellys Solicitors.

Owen and Audrey have also acted for defendants in criminal proceedings for charges arising from direct action associated with Palestine Action.

The case has received significant media attention:

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