AA, R (On the Application Of) v Sodexo Ltd & Anor [2023] EWHC 3215 (Admin) (14 December 2023)

AA, R (On the Application Of) v Sodexo Ltd & Anor [2023] EWHC 3215 (Admin) (14 December 2023)

The claim is academic as all impugned decisions have been withdrawn and there is no longer a decision affecting the claimant's rights. However, exceptional circumstances exist due to confusion and inconsistency in the application of the law to similarly situated prisoners, particularly young and vulnerable individuals, justifying continuation of the claim against the Secretary of State for the Home Department. The claim against Sodexo is stayed as it is fact-sensitive and does not meet the criteria for exceptional circumstances.

Citation
[2023] EWHC 3215 (Admin)
Parties
Claimant: AA; First Defendant: Sodexo Ltd; Second Defendant: Secretary of State for the Home Department; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
14 December 2023
Procedural Posture
Judicial Review / Case Management Hearing Following Expedited Listing; Consideration of Whether Claim Is Academic and Should Be Dismissed or Proceed
Outcome
Claim against Secretary of State for the Home Department to continue; claim against Sodexo stayed; no urgent expedition required.
Legal Topics
Home Detention Curfew, Deportation Decisions, Modern Slavery, Judicial Review, Prisoner Release, Statutory Interpretation, Administrative Law
Public Law Prison Law Immigration Law Home Detention Curfew Deportation Decisions Modern Slavery Judicial Review Prisoner Release +2 more

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Parties

AA

Claimant

Sodexo Ltd

First Defendant

Secretary of State for the Home Department

Second Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Case Management Hearing Following Expedited Listing; Consideration of Whether Claim Is Academic and Should Be Dismissed or Proceed

Legal Issues

  1. 1 Whether the claim is academic following withdrawal of impugned decisions
  2. 2 Whether there are exceptional circumstances in the public interest to continue hearing the claim
  3. 3 Whether a stage 1 deportation decision constitutes a 'decision to make a deportation order' for the purposes of s.259(a) Criminal Justice Act 2003

Ratio Decidendi

The claim is academic as all impugned decisions have been withdrawn and there is no longer a decision affecting the claimant's rights. However, exceptional circumstances exist due to confusion and inconsistency in the application of the law to similarly situated prisoners, particularly young and vulnerable individuals, justifying continuation of the claim against the Secretary of State for the Home Department. The claim against Sodexo is stayed as it is fact-sensitive and does not meet the criteria for exceptional circumstances.

Court Disposition

Claim against Secretary of State for the Home Department to continue; claim against Sodexo stayed; no urgent expedition required.

Orders

  • Expedited substantive hearing converted to case management hearing.
  • Case management directions stayed.