Brooks, R (on the application of) v The Independent Adjudicator & Anor
Detention was lawful under domestic statute and a judicial act until quashed; the Secretary of State was obliged to detain for the extended period, and no breach of Article 5 ECHR or entitlement to damages arose.
- Parties
- Claimant/respondent: Matthew Brooks; Defendant: The Independent Adjudicator; Interested Party/appellant: Secretary of State for Justice
- Jurisdiction
- England and Wales
- Judgment Date
- 28 October 2016
- Procedural Posture
- Judicial Review / Appeal From High Court to Court of Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Detention, False Imprisonment, Article 5 ECHR, Judicial Review, Prison Discipline, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Matthew Brooks
Claimant/respondent
The Independent Adjudicator
Defendant
Secretary of State for Justice
Interested Party/appellant
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether detention following quashed disciplinary award is unlawful under Article 5 ECHR
- 2 Whether detention was void ab initio or only unlawful from date of quashing
- 3 Whether Secretary of State was obliged to detain under statutory regime
Ratio Decidendi
Detention was lawful under domestic statute and a judicial act until quashed; the Secretary of State was obliged to detain for the extended period, and no breach of Article 5 ECHR or entitlement to damages arose.
Court Disposition
Appeal allowed
Orders
- Declaration of breach of Article 5 ECHR set aside
- Claim for damages dismissed
Full Case Text
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