WAHEED ZAMAN (R on the application of) v SECRETARY OF STATE FOR JUSTICE

WAHEED ZAMAN (R on the application of) v SECRETARY OF STATE FOR JUSTICE

On the facts, the combination of disputed facts, expert disagreement, prolonged Category A status, and absence of prior oral hearing rendered the refusal to grant an oral hearing unlawful and procedurally unfair under common law and PSI 08/2013.

Source-derived case information.

Parties
Claimant: Waheed Zaman; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
31 January 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Category a Prisoner Classification, Oral Hearing Requirements, Prison Service Instruction Compliance, Judicial Review Standards
Administrative Law Prison Law Procedural Fairness Category a Prisoner Classification Oral Hearing Requirements Prison Service Instruction Compliance Judicial Review Standards

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Waheed Zaman

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether refusal to grant an oral hearing for Category A prisoner review breached procedural fairness and PSI 08/2013
  2. 2 Whether disputed facts and expert disagreements required an oral hearing under common law and policy

Ratio Decidendi

On the facts, the combination of disputed facts, expert disagreement, prolonged Category A status, and absence of prior oral hearing rendered the refusal to grant an oral hearing unlawful and procedurally unfair under common law and PSI 08/2013.

Court Disposition

Claim allowed

Orders

  • Declaration that refusal to grant oral hearing was unlawful
  • Further relief to be determined after submissions