Gifford v The Governor of HMP Bure & Ors

Gifford v The Governor of HMP Bure & Ors

The claim for judicial review was refused because there was an effective and convenient alternative remedy available to the claimant via the Prison and Probation Ombudsman, and the substantive claims regarding procedural unfairness and denial of legal advice were wholly without merit.

Parties
Claimant: Nathan Gifford; 1st Defendant: The Governor of HMP Bure; 2nd Defendant: Secretary of State for Justice; Interested Party: Prison and Probation Ombudsman
Jurisdiction
England and Wales
Judgment Date
31 March 2014
Procedural Posture
Judicial Review / Judgment on Permission and Merits
Outcome
Permission to bring judicial review refused; claim dismissed as wholly without merit.
Legal Topics
Judicial Review, Alternative Remedy, Prisoner Adjudications, Access to Legal Advice, Procedural Fairness
Administrative Law Prison Law Judicial Review Alternative Remedy Prisoner Adjudications Access to Legal Advice Procedural Fairness

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Parties

Nathan Gifford

Claimant

The Governor of HMP Bure

1st Defendant

Secretary of State for Justice

2nd Defendant

Prison and Probation Ombudsman

Interested Party

Procedural Posture

Judicial Review / Judgment on Permission and Merits

Legal Issues

  1. 1 Whether the refusal to quash findings of guilt from two internal adjudications was unlawful
  2. 2 Whether the claimant was denied access to legal advice in breach of procedural fairness
  3. 3 Whether judicial review was appropriate given the existence of an alternative remedy via the Prison and Probation Ombudsman

Ratio Decidendi

The claim for judicial review was refused because there was an effective and convenient alternative remedy available to the claimant via the Prison and Probation Ombudsman, and the substantive claims regarding procedural unfairness and denial of legal advice were wholly without merit.

Court Disposition

Permission to bring judicial review refused; claim dismissed as wholly without merit.

Orders

  • Judicial review proceedings refused on grounds of alternative remedy.
  • Substantive application for judicial review dismissed as hopeless.