Odigie, R (on the application of) v Secretary of State for Justice [2013] EWHC 3795 (Admin) (04 December 2013)
The transfer was a disciplinary transfer justified by undisputed facts and reliable security information. There was no requirement to complete adjudication or follow re-categorisation procedures. The process was fair and in accordance with PSO 4700 and established legal principles.
- Citation
- [2013] EWHC 3795 (Admin)
- Parties
- Claimant: Jude Odigie; Defendant: Serco Limited; Interested Party: Secretary of State for Justice
- Jurisdiction
- England and Wales
- Judgment Date
- 04 December 2013
- Procedural Posture
- Judicial Review / Final Judgment After Substantive Hearing
- Outcome
- Claim dismissed
- Legal Topics
- Prisoner Transfer, Procedural Fairness, Judicial Review, Prison Service Orders, Disciplinary Transfers
Case Brief
Summary, issues, holding and outcome
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Parties
Jude Odigie
Claimant
Serco Limited
Defendant
Secretary of State for Justice
Interested Party
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Legal Issues
- 1 Whether the decision to transfer the claimant to a high security prison was unlawful due to procedural unfairness
- 2 Whether the defendant abused its powers in making the transfer without proper process
Ratio Decidendi
The transfer was a disciplinary transfer justified by undisputed facts and reliable security information. There was no requirement to complete adjudication or follow re-categorisation procedures. The process was fair and in accordance with PSO 4700 and established legal principles.
Court Disposition
Claim dismissed
Full Case Text
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