WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT and 7 others, §§ 87-88, ECHR 2010). The Supreme Court judgment in the Privacy International case was delivered in 2019, some three years after the IPT decision in the applicants’ case, and the Government does not suggest that they could – or should – have sought permission to apply for judicial review at that stage. Rather, the Government contend that the applicants should have brought judicial review proceedings in 2016, after the IPT decision was handed down in their case. 69. In this regard, the Government state that in 2019 the Supreme Court, in the Privacy International case, was simply declaring what the law had always been (see paragraph 61 above). However, in 2016 judicial review of an IPT decision appeared to be precluded by section 67(8) of RIPA (see paragraph 29 above). While the Supreme Court eventually held that judicial review was not precluded by this “ouster” clause, there are two important points to note: first of all, the proceedings brought by Privacy International were unsuccessful at first and second instance (see paragraph 62 above); and the Supreme Court judgment was by a majority of four to three (see paragraph 29 above). As such, it is difficult to accept that in 2016 judicial review of an IPT decision was “sufficiently certain” both in theory and in practice as to constitute an accessible and effective remedy for the purposes of Article 35 § 1 of the Convention. 70. In addition, the Court notes that in other applications before it, which were lodged before the Supreme Court judgment in the Privacy International case, the Government did not suggest that the applicants had failed to exhaust domestic remedies because they did not seek to judicially review the decision of the IPT (see, for example, Liberty and Others v. the United Kingdom, no. 58243/00, 1 July 2008, Kennedy v. the United Kingdom, no. 26839/05, 18 May 2010, and Big Brother Watch and Others, cited above). If this possibility was “sufficiently certain” even before the 2019 Supreme Court judgment, it is noteworthy that it was not relied on by the respondent Government in the aforementioned cases. 71. In 2016 Privacy International, together with a number of other applicants, lodged an application before the Court which was linked to the case which would eventually be heard by the Supreme Court in 2019. The applicants alleged that their equipment had been subject to interference known as Computer Network Exploitation or Equipment Interference by the United Kingdom Government Communications Headquarters (“GCHQ”) and/or the Secret Intelligence Service (“SIS”). That application was declared inadmissible by the Court on the grounds that the applicants had failed to exhaust domestic remedies (see Privacy International and Others v. the United Kingdom (dec.), no. 46259/16, §§ 41-48, 7 July 2020). Before the IPT, Privacy International, together with a number of other applicants, had specifically challenged section 5 of the Intelligence Services Act 1994 (“ISA”), which authorised equipment interference, and section 7 of ISA, which concerned acts taking place outside the United Kingdom. Following 21