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

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

The defendant was entitled to transfer the claimant based on undisputed facts and reliable security information without waiting for adjudication or following re-categorisation procedures; the process complied with PSO 4700 and established legal principles.

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
Outcome
Claim dismissed
Legal Topics
Procedural Fairness, Abuse of Power, Prison Transfers, Disciplinary Procedures
Administrative Law Prison Law Procedural Fairness Abuse of Power Prison Transfers Disciplinary Procedures

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Parties

Jude Odigie

Claimant

Serco Limited

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision to transfer the claimant to a high security prison was unlawful due to procedural unfairness
  2. 2 Whether the defendant abused its powers in making the transfer without proper procedure

Ratio Decidendi

The defendant was entitled to transfer the claimant based on undisputed facts and reliable security information without waiting for adjudication or following re-categorisation procedures; the process complied with PSO 4700 and established legal principles.

Court Disposition

Claim dismissed