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The trial of a preliminary issue would only be ordered where there was a succinct, knockout point which is capable of being decided after a relatively short hearing. In the present case, the trial of the preliminary issue would be time consuming and would not dispose of all of the issues in the case.
14 November 2011
(i) In the instant proceedings, four claimants sought to challenge their nomination, by the Secretary of State, to be entered on the UN Security Council Consolidated List of persons who were members or associated with Al Qaida. Three claimants made an application for an order to try a preliminary issue to decide whether the standard of proof to be nominated was either “reasonable suspicion” or on the balance of probabilities.
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