R (Johnson) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE SULLIVAN |
| Judgment Date | 25 February 2004 |
| Neutral Citation | [2004] EWHC 1184 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/165/2004 |
| Date | 25 February 2004 |
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand London WC2
Mr Justice Sullivan
CO/165/2004
MR KRIS GLEDHILL appeared on behalf of the CLAIMANT
MR ADAM ROBB appeared on behalf of the DEFENDANTS
Wednesday, 25th February 2004
Mr Gledhill, thank you very much for your note. It now explains why I am here, so far as this case is concerned. Now I know why I am here, what I am going to do, for the reasons we have just discussed, is to refuse this application for permission to apply for judicial review upon the basis that the remedy sought in the proceedings has, in fact, been granted. The Parole Board has reviewed the matter, the Claimant has been released and, if and insofar as the Claimant wishes to pursue the issue of damages, then that is not an amendment that would be successful in this Court in any event upon the authorities, and so it is a matter for you as to whether you renew the application for permission to apply for judicial...
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S v Secretary of State of the Home Department
...as between the parties. The Claimants also rely, however, upon a decision of Field J in Hanil El Sayed Sabaei Youssef v Home Office [2004] EWHC 1184 to the effect that the Court should judge the question of whether or not detention is lawful as a primary decision maker and not simply review......
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R (Ahmed) v Secretary of State for the Home Department
...of the court in the light of those facts has been the subject of decision in the case of Haniel El Sayed Sabaei Yousef vs Home Office [2004] EWHC 1184 by Mr Justice Field, who expressed the view that the question of whether or not detention is lawful is to be judged by the court as a primar......