Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

R Bektas v Secretary of State for Justice

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
JudgeMR JUSTICE STADLEN
Judgment Date31 July 2009
Judgment citation (vLex)[2009] EWHC J0731-1
CourtQueen's Bench Division (Administrative Court)
Date31 July 2009
Docket NumberCO/3575/2009
Categories

[2009] EWHC J0731-1

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Before: Mr Justice Stadlen

CO/3575/2009

The Queen on the Application of Bektas
Claimant
and
Secretary of State for Justice
Defendant

Mr Marcus Rickard appeared on behalf of the claimant

Mr John Paul Waite appeared on behalf of the defendant

MR JUSTICE STADLEN
1

: With no small misgiving and a dose of scepticism, I am of the view - - given that I am told by counsel that there are good arguments on the merits in relation to the claim against the Secretary of State and that there are good arguments that if those arguments on the merits were to succeed it would not be a definitive answer to the remedy being sought (to order release) that a subsequent Parole Board takes the view that as of the date of that Parole Board in September it is not satisfied that its release of the claimant would comply with the statutory requirements, in those circumstances and bearing in mind in particular that for reasons, not because of counsel, the Secretary of State's skeleton argument was submitted extremely late such as to prevent counsel for the claimant putting these arguments sufficiently in time to enable the court to form a view on them and given it is agreed between counsel that there has to be an adjournment because the case will take half-a-day plus - in my view, I should err on the side of caution and direct that it should indeed be heard next week.

2

The only prejudice identified on behalf of the Secretary of State was the non-availability of this particular counsel. I do not regard that as determinative, and so I so direct.

3

What about the estimate?

4

MR WAITE: We agreed a day.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT