H, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 83 (26 January 2009)

H, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 83 (26 January 2009)

The appeal was refused as academic because subsequent events (a third review maintaining Category A status) rendered the original issue moot, and the court should not decide questions that have become academic.

Citation
[2009] EWCA Civ 83
Parties
Respondent/appellant: THE QUEEN ON THE APPLICATION OF H; Appellant/respondent: SECRETARY OF STATE FOR JUSTICE
Jurisdiction
England and Wales
Judgment Date
26 January 2009
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From Administrative Court
Outcome
Appeal refused as academic
Legal Topics
Prisoner Categorisation, Right to Oral Hearing, Judicial Review, Procedural Fairness
Public Law Prison Law Prisoner Categorisation Right to Oral Hearing Judicial Review Procedural Fairness

Case Brief

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Parties

THE QUEEN ON THE APPLICATION OF H

Respondent/appellant

SECRETARY OF STATE FOR JUSTICE

Appellant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From Administrative Court

Legal Issues

  1. 1 Whether a category A prisoner is entitled to an oral hearing before re-categorisation decision
  2. 2 Whether the appeal is academic due to subsequent events

Ratio Decidendi

The appeal was refused as academic because subsequent events (a third review maintaining Category A status) rendered the original issue moot, and the court should not decide questions that have become academic.

Court Disposition

Appeal refused as academic

Orders

  • Appellant's application to proceed with the appeal refused