Can Yeginsu acts for English PEN and PEN International as the Supreme Court hears the Palestine Action proscription appeal

Today and tomorrow the Supreme Court hears the appeal in R (on the application of Ammori) v Secretary of State for the Home Department (UKSC/2026/0099), concerning the proscription of Palestine Action under the Terrorism Act 2000. The appeal is heard by a panel of five Justices presided over by Lord Reed, President of the Court, sitting with Lord Sales, Lord Lloyd-Jones, Lord Briggs and Lord Stephens. Can Yeginsu acts for the interveners, English PEN and PEN International, with Aislinn Kelly-Lyth of Blackstone Chambers, instructed by Bhatt Murphy.

The Home Secretary’s decision to proscribe Palestine Action was announced to Parliament on 23 June 2025 and took effect on 5 July 2025, after approval by both Houses. Proscription attaches a series of criminal offences to an organisation, among them membership, inviting or expressing support, and the display or publication of articles in circumstances that arouse reasonable suspicion of membership or support. Ms Huda Ammori, a co-founder of Palestine Action, challenged the decision by judicial review.

On 13 February 2026, the Divisional Court held the decision unlawful on two grounds: that the Home Secretary’s reasoning had departed from her own published policy on the exercise of the power, and that proscription was incompatible with Articles 10 and 11 of the European Convention on Human Rights ([2026] EWHC 292 (Admin)). On 15 June 2026, a five-judge Court of Appeal presided over by the Lady Chief Justice allowed the Home Secretary’s appeal on both grounds ([2026] EWCA Civ 721). The Supreme Court granted permission to appeal on 29 July 2026 on the Convention ground alone and directed an expedited hearing.

The single question before the Court is therefore whether the proscription of Palestine Action is compatible with Articles 10 and 11 of the Convention.

Further materials:

• The Supreme Court’s case page, with the hearing details and live stream: UKSC/2026/0099
• The interveners’ written case: English PEN and PEN International
• The judgment of the Court of Appeal, 15 June 2026: [2026] EWCA Civ 721
• The judgment of the Divisional Court, 13 February 2026: [2026] EWHC 292 (Admin)