Dixon, R (on the application of) v The Secretary of State for Justice [2017] EWCA Civ 961 (14 July 2017)
The delay in providing the psychological assessment was not sufficiently serious, given staffing/resource realities, to constitute a breach of the ancillary duty under Article 5.4 ECHR; no damages are payable.
- Citation
- [2017] EWCA Civ 961
- Parties
- Claimant/appellant: Francis Dixon; Defendant/respondent: Secretary of State for Justice
- Jurisdiction
- England and Wales
- Judgment Date
- 14 July 2017
- Procedural Posture
- Judicial Review Appeal / Court of Appeal, Post High Court Judgment
- Outcome
- Appeal dismissed; permission to appeal on second ground refused.
- Legal Topics
- Article 5 ECHR, Parole Board Review, Delay in Prisoner Release, Ancillary Duty Under Article 5.4, Damages for Breach of ECHR
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Dixon
Claimant/appellant
Secretary of State for Justice
Defendant/respondent
Procedural Posture
Judicial Review Appeal / Court of Appeal, Post High Court Judgment
Legal Issues
- 1 Whether delay in providing psychological assessment breached Article 5(4) ECHR or ancillary duty
- 2 Whether delay justified by staffing/resource issues
- 3 Whether damages are payable for breach
Ratio Decidendi
The delay in providing the psychological assessment was not sufficiently serious, given staffing/resource realities, to constitute a breach of the ancillary duty under Article 5.4 ECHR; no damages are payable.
Court Disposition
Appeal dismissed; permission to appeal on second ground refused.
Orders
- No damages awarded.
- No declaration of breach.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment