Ratra v Lord Chancellor's Department [2002] EWCA Civ 1904 (16 December 2002)
Application has sufficient merit to warrant a hearing on notice to clarify procedural issues regarding judicial acts and human rights claims.
- Citation
- [2002] EWCA Civ 1904
- Parties
- Claimant/applicant: Uday Ratra; Defendant/respondent: Lord Chancellor's Department
- Jurisdiction
- England and Wales
- Judgment Date
- 16 December 2002
- Procedural Posture
- Application for Permission to Appeal / Permission to Appeal Against High Court Order
- Outcome
- Matter adjourned for hearing on notice before three-member court; transcript to be provided at public expense.
- Legal Topics
- False Imprisonment, Contempt of Court, Human Rights Act 1998, Judicial Review
Case Brief
Summary, issues, holding and outcome
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Parties
Uday Ratra
Claimant/applicant
Lord Chancellor's Department
Defendant/respondent
Procedural Posture
Application for Permission to Appeal / Permission to Appeal Against High Court Order
Legal Issues
- 1 Whether breaches of practice direction and Human Rights Act render imprisonment unlawful
- 2 Whether claim for damages for false imprisonment and breaches of human rights can proceed
Ratio Decidendi
Application has sufficient merit to warrant a hearing on notice to clarify procedural issues regarding judicial acts and human rights claims.
Court Disposition
Matter adjourned for hearing on notice before three-member court; transcript to be provided at public expense.
Orders
- Matter to be listed for half a day before three lords justices, one versed in human rights.
- Transcript of judgment to be made available at public expense.
Full Case Text
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