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On 16 July 2020, Alan Payne QC and Aaron Moss succeeded in a four hour permission hearing for a claim for judicial review brought by four companies which created age verification software. The Claimants challenge the Secretary of State for the Department for Culture, Media and Sport’s decision that Part 3 of the Act would not be commenced. The effect of this decision was to prevent the implementation of a statutory obligation on adult sites to introduce age verification technology which would prevent children accessing sites.
The case had been publicly backed by the UK’s leading children’s charities including the NSPCC, Barnardo’s and the Children’s Society who have grave concerns as to the danger posed by unrestricted access to such sites. Reflecting the constitutional significance of the challenge the Secretary of State was represented Sir James Eadie QC.
Following a 4 hour hearing Lieven J granted the Claimants permission to challenge the Secretary of State’s decision as being an abuse of power.
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