Davis, R (on the application of) v Secretary of State for Justice

Davis, R (on the application of) v Secretary of State for Justice

The court held that the issue of principle regarding Articles 2 and 3 ECHR could be determined without the outcome of the ROTL application, and that discontinuance was tactical. The Claimant must pay the Defendant’s costs, and any further claim requires court permission under CPR r.38.7.

Source-derived case information.

Parties
Claimant: Roy Davis; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
24 April 2020
Procedural Posture
Judicial Review / Discontinuance After Substantive Hearing Date Refusal
Outcome
Claim discontinued; costs awarded to Defendant; further claim requires court permission under CPR r.38.7.
Legal Topics
Compassionate Release, Covid 19 Prison Policy, Articles 2 and 3 ECHR, Temporary Release (rotl), Costs and Discontinuance
Public Law Human Rights Prison Law Compassionate Release Covid 19 Prison Policy Articles 2 and 3 ECHR Temporary Release (rotl) Costs and Discontinuance

Source-derived case record

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Parties

Roy Davis

Claimant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Discontinuance After Substantive Hearing Date Refusal

Legal Issues

  1. 1 Whether positive obligations under Articles 2 and 3 ECHR require immediate release of terminally ill prisoner
  2. 2 Whether discontinuance of claim circumvents court's refusal to vacate hearing
  3. 3 Costs consequences of discontinuance

Ratio Decidendi

The court held that the issue of principle regarding Articles 2 and 3 ECHR could be determined without the outcome of the ROTL application, and that discontinuance was tactical. The Claimant must pay the Defendant’s costs, and any further claim requires court permission under CPR r.38.7.

Court Disposition

Claim discontinued; costs awarded to Defendant; further claim requires court permission under CPR r.38.7.

Orders

  • Claimant to pay Defendant’s costs on usual terms, subject to legal aid protection.
  • Any further claim arising from substantially the same facts requires court permission under CPR r.38.7.