Gordon, R (On the Application Of) v National Probation Service & Anor

The claim achieved its objective of securing the claimant's release, and the claimant is entitled to costs. Permission to amend the claim to include damages is refused, but the claimant may pursue such claims separately.

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: Permission to withdraw claim granted; costs awarded to claimant.
Legal Topics: Judicial Review, Immigration Detention, Bail, Costs

Administrative Law Immigration Law Judicial Review Immigration Detention Bail Costs

Case Brief

Summary, issues, holding and outcome

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

Ratio Decidendi

Court Disposition

Permission to withdraw claim granted; costs awarded to claimant.

Orders

Each defendant to pay one-half of the claimant's costs, subject to detailed assessment if not agreed.
Permission to withdraw the claim is granted.