Gordon, R (On the Application Of) v National Probation Service & Anor [2017] EWHC 3844 (Admin) (05 October 2017)

Gordon, R (On the Application Of) v National Probation Service & Anor [2017] EWHC 3844 (Admin) (05 October 2017)

The claimant achieved the primary objective of his claim—release from detention—due to the momentum of the proceedings. The application to amend the claim to include damages was refused as the grounds did not sufficiently identify the basis for such claims. Each defendant was ordered to pay half the claimant's costs as the claim was successful in its objective.

Citation
[2017] EWHC 3844 (Admin)
Parties
Claimant: Gordon; First Defendant: National Probation Service; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 October 2017
Procedural Posture
Judicial Review / Application for Release and Costs Order
Outcome
Claimant granted permission to withdraw the claim; application to amend refused; costs awarded.
Legal Topics
Immigration Detention, Judicial Review, Bail, Costs, Unlawful Detention
Immigration Law Administrative Law Criminal Law Immigration Detention Judicial Review Bail Costs Unlawful Detention

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Parties

Gordon

Claimant

National Probation Service

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Application for Release and Costs Order

Legal Issues

  1. 1 Whether the continued detention of the claimant was unlawful
  2. 2 Whether the claimant should be released from immigration detention
  3. 3 Whether the claimant should be permitted to amend the claim to include damages

Ratio Decidendi

The claimant achieved the primary objective of his claim—release from detention—due to the momentum of the proceedings. The application to amend the claim to include damages was refused as the grounds did not sufficiently identify the basis for such claims. Each defendant was ordered to pay half the claimant's costs as the claim was successful in its objective.

Court Disposition

Claimant granted permission to withdraw the claim; application to amend refused; costs awarded.

Orders

  • Permission to withdraw the claim granted
  • Application to amend the claim to include damages refused