Deeds v Various Respondents

Deeds v Various Respondents

The refusal to grant Mr Deeds an oral hearing to challenge the GCRO constituted a serious procedural irregularity, given the nature of the order and the presumption in favour of an oral hearing where access to the court is restricted.

Parties
Appellant: John Deeds; Respondent: Various Respondents
Jurisdiction
England and Wales
Judgment Date
28 November 2013
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
appeal allowed
Legal Topics
Civil Restraint Orders, Right to Oral Hearing, Procedural Fairness
Civil Procedure Civil Restraint Orders Right to Oral Hearing Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

John Deeds

Appellant

Various Respondents

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the appellant was entitled to an oral hearing when applying to set aside a General Civil Restraint Order
  2. 2 Whether the refusal to grant an oral hearing constituted a serious procedural irregularity

Ratio Decidendi

The refusal to grant Mr Deeds an oral hearing to challenge the GCRO constituted a serious procedural irregularity, given the nature of the order and the presumption in favour of an oral hearing where access to the court is restricted.

Court Disposition

appeal allowed

Orders

  • Males J's order is set aside
  • Mr Deeds' application to set aside the GCRO to be considered at an oral hearing before a High Court Judge