Lexi Holdings Plc v Luqman & Ors

Lexi Holdings Plc v Luqman & Ors

The sentencing court has no jurisdiction to grant permission for temporary release of a contemnor; paragraph 5.2 of PSO 6300 is unlawful insofar as it requires court permission; the discretion for temporary release lies solely with the Secretary of State or prison governor under Rule 9.

Parties
Claimant: Lexi Holdings PLC; First Defendant: Shaid Luqman
Jurisdiction
England and Wales
Judgment Date
15 January 2008
Procedural Posture
Application / Ruling on Application for Permission for Temporary Release of Contemnor
Outcome
No order on the application; applicant to pay three quarters of claimant's costs; applicant to provide details of funding arrangements within 14 days.
Legal Topics
Contempt of Court, Temporary Release, Judicial Discretion, Prison Rules
Civil Procedure Prison Law Contempt of Court Temporary Release Judicial Discretion Prison Rules

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Parties

Lexi Holdings PLC

Claimant

Shaid Luqman

First Defendant

Procedural Posture

Application / Ruling on Application for Permission for Temporary Release of Contemnor

Legal Issues

  1. 1 Does the sentencing court have jurisdiction to grant permission for temporary release of a contemnor?
  2. 2 Is paragraph 5.2 of Prison Service Order 6300 lawful in requiring court permission for temporary release?
  3. 3 What is the correct procedure for contempt prisoners seeking temporary release?

Ratio Decidendi

The sentencing court has no jurisdiction to grant permission for temporary release of a contemnor; paragraph 5.2 of PSO 6300 is unlawful insofar as it requires court permission; the discretion for temporary release lies solely with the Secretary of State or prison governor under Rule 9.

Court Disposition

No order on the application; applicant to pay three quarters of claimant's costs; applicant to provide details of funding arrangements within 14 days.

Orders

  • No order on the application for temporary release.
  • Applicant to pay three quarters of claimant's costs, subject to detailed assessment if not agreed.