Oliver Sanders KC and Emma-Louise Fenelon are acting for two female members of the armed forces, “EPX” and “PGH”, who are challenging MoD policies prohibiting unauthorised contact by service personnel with journalists and MPs. The claimants wish to speak out about their experiences of rape and sexual assault in the armed forces and contend that the policies impose restraints which are unlawful and incompatible with Convention rights.
After the initial grant of permission in December 2024, MOD amended the relevant policies and argued that the challenge to them was therefore academic and permission should be set aside. However, after hearing submissions on 21 May 2025, Mr Justice Saini rejected this argument and ruled that the claimants can challenge both the original and amended policies at a two day substantive hearing to be listed later in 2025.
Following the May hearing, the Secretary of State for Defence accepted that the original policies under challenge were unlawful.
Oliver and Emma-Louise are instructed by Emma Norton at The Centre for Military Justice.
See the Guardian report here
