Claim for Judicial Review in R -v- Director of the SFO

Yesterday (11th March 2016), the High Court (Burnett LJ and Irwin J) certified that the claim for judicial review in R (on the application of McKenzie) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin) involved the following point of law of general public importance:

1a. When material potentially subject to LPP is embedded in electronic devices (which have been seized pursuant to statutory powers, or produced in response to a statutory notice) must the process for isolating such material into an electronic folder to enable an independent lawyer to determine whether such material does in fact attract LPP, be carried out by individuals who are independent of the seizing body?

1b. If the answer to 1a above is yes, does it follow that the procedure set out in the Operational Handbook of the SFO for dealing with such material is unlawful?

Having obtained the above certificate from the High Court, the Claimant now has 28 days from certification to apply directly to the Supreme Court for leave to appeal, pursuant to section 1(1), 1(2) and 2(1) of the Administration of Justice Act 1960.

Jonathan Rees of chambers is instructed on behalf of the Claimant.