Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor [2013] EWHC 198 (Admin) (08 February 2013)

Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor [2013] EWHC 198 (Admin) (08 February 2013)

The claimant's evidence did not establish a real and immediate risk to life or a reduction in life expectancy attributable to the prison's treatment; the threshold for inhuman or degrading treatment under Article 3 was not met; Article 8 was not engaged on the facts; and the evidence did not support a breach of the Equality Act 2010. Permission to proceed was refused on all grounds.

Citation
[2013] EWHC 198 (Admin)
Parties
Claimant: Daniel Roque Hall; First Defendant: University College London Hospitals NHS Foundation Trust; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
08 February 2013
Procedural Posture
Judicial Review / Permission to Proceed on Amended Grounds
Outcome
Permission to proceed refused on all grounds.
Legal Topics
Article 2 ECHR (right to Life), Article 3 ECHR (prohibition of Torture, Inhuman or Degrading Treatment), Article 8 ECHR (right to Private and Family Life), Equality Act 2010, Prison Conditions and Disability Accommodations
Human Rights Law Prison Law Equality Law Article 2 ECHR (right to Life) Article 3 ECHR (prohibition of Torture, Inhuman or Degrading Treatment) Article 8 ECHR (right to Private and Family Life) Equality Act 2010 Prison Conditions and Disability Accommodations

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Parties

Daniel Roque Hall

Claimant

University College London Hospitals NHS Foundation Trust

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Permission to Proceed on Amended Grounds

Legal Issues

  1. 1 Whether the claimant's treatment in prison and proposed discharge back to prison breached Article 2 ECHR (right to life)
  2. 2 Whether the claimant's treatment in prison breached Article 3 ECHR (prohibition of inhuman or degrading treatment)
  3. 3 Whether the claimant's treatment in prison breached Article 8 ECHR (right to private and family life)

Ratio Decidendi

The claimant's evidence did not establish a real and immediate risk to life or a reduction in life expectancy attributable to the prison's treatment; the threshold for inhuman or degrading treatment under Article 3 was not met; Article 8 was not engaged on the facts; and the evidence did not support a breach of the Equality Act 2010. Permission to proceed was refused on all grounds.

Court Disposition

Permission to proceed refused on all grounds.

Orders

  • Order of 1 January 2013 restraining the hospital from discharging the claimant is discharged.
  • No declaration or relief granted under the Equality Act 2010.