Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors [2017] EWHC 3364 (Admin) (20 December 2017)

Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors [2017] EWHC 3364 (Admin) (20 December 2017)

The Secretary of State for Justice was not required to recall Mr Xu as the breaches relied upon pre-dated the licence and his conduct during trial did not make recall necessary or rationally required. The Claimants were not entitled to disclosure of licence conditions as they were not statutory or discretionary victims. The Secretary of State for the Home Department's decision to deport Mr Xu before expiry of his licence and conclusion of civil proceedings was lawful, proportionate, and within her statutory discretion; the public interest in deportation outweighed the speculative and unquantifiable risk of harm to the Claimants. There was no legal basis to require withholding Mr Xu's...

Citation
[2017] EWHC 3364 (Admin)
Parties
Claimant: Corbiere Limited; Claimant: Trenchant Limited; Claimant: Trenchant Employee Services Limited; First Defendant: Secretary of State for Justice; Second Defendant: Secretary of State for the Home Department; Interested Party: Ke Xu
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Deportation, Licence Conditions, Serious Crime Prevention Order, Victim Rights, Disclosure, Breach of Confidence, Intellectual Property, Confiscation Proceedings
Public Law Criminal Law Immigration Law Data Protection Judicial Review Deportation Licence Conditions Serious Crime Prevention Order +5 more

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Parties

Corbiere Limited

Claimant

Trenchant Limited

Claimant

Trenchant Employee Services Limited

Claimant

Secretary of State for Justice

First Defendant

Secretary of State for the Home Department

Second Defendant

Ke Xu

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Secretary of State for Justice acted unlawfully in not recalling Mr Xu to prison under his licence
  2. 2 Whether the Secretary of State for Justice was required to disclose licence conditions to the Claimants
  3. 3 Whether the Secretary of State for the Home Department's decision to deport Mr Xu before expiry of his licence and conclusion of civil proceedings was unlawful

Ratio Decidendi

The Secretary of State for Justice was not required to recall Mr Xu as the breaches relied upon pre-dated the licence and his conduct during trial did not make recall necessary or rationally required. The Claimants were not entitled to disclosure of licence conditions as they were not statutory or discretionary victims. The Secretary of State for the Home Department's decision to deport Mr Xu before expiry of his licence and conclusion of civil proceedings was lawful, proportionate, and within her statutory discretion; the public interest in deportation outweighed the speculative and unquantifiable risk of harm to the Claimants. There was no legal basis to require withholding Mr Xu's...

Court Disposition

Claim dismissed

Orders

  • All claims for judicial review are refused
  • No relief granted to the Claimants