Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor

Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor

The claimant's evidence did not establish a real and immediate risk to life or a reduction in life expectancy attributable to prison treatment; the threshold for inhuman or degrading treatment under Article 3 was not met; no arguable breach of Article 8 was shown; and the Equality Act claims were unsupported by sufficient evidence. Permission to proceed was refused on all grounds.

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 Application and Substantive Determination
Outcome
Permission refused on all grounds; interim order discharged.
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 Law, Disability Discrimination
Constitutional Law Human Rights Law Equality and Discrimination 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 Law +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 Application and Substantive Determination

Legal Issues

  1. 1 Whether the claimant's treatment in prison and proposed discharge 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 prison treatment; the threshold for inhuman or degrading treatment under Article 3 was not met; no arguable breach of Article 8 was shown; and the Equality Act claims were unsupported by sufficient evidence. Permission to proceed was refused on all grounds.

Court Disposition

Permission refused on all grounds; interim order discharged.

Orders

  • Permission to proceed on amended grounds refused.
  • Order of 1 January 2013 restraining discharge from hospital discharged.