Betteridge, R (on the application of) v The Parole Board [2009] EWHC 1638 (Admin) (23 June 2009)

Betteridge, R (on the application of) v The Parole Board [2009] EWHC 1638 (Admin) (23 June 2009)

Delay in Parole Board hearing constituted a breach of Article 5(4) ECHR due to lack of manpower, but claimant not entitled to damages or mandatory order as release would not have been granted even if hearing occurred earlier.

Source-derived case information.

Citation
[2009] EWHC 1638 (Admin)
Parties
Claimant: Betteridge; Defendant: The Parole Board; Interested Party: Secretary of State
Jurisdiction
England and Wales
Judgment Date
23 June 2009
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
No substantive order on the claim; claimant awarded two-thirds of costs against Secretary of State; no order for costs against Parole Board.
Legal Topics
Article 5(4) ECHR, Parole Board Delays, Speedy Hearing Requirement, Indeterminate Sentences for Public Protection (ipp)
Public Law Human Rights Law Prison Law Article 5(4) ECHR Parole Board Delays Speedy Hearing Requirement Indeterminate Sentences for Public Protection (ipp)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Betteridge

Claimant

The Parole Board

Defendant

Secretary of State

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether delay in Parole Board hearing breached Article 5(4) ECHR
  2. 2 Whether claimant entitled to damages or mandatory order for hearing
  3. 3 Appropriate costs order given partial success

Ratio Decidendi

Delay in Parole Board hearing constituted a breach of Article 5(4) ECHR due to lack of manpower, but claimant not entitled to damages or mandatory order as release would not have been granted even if hearing occurred earlier.

Court Disposition

No substantive order on the claim; claimant awarded two-thirds of costs against Secretary of State; no order for costs against Parole Board.

Orders

  • Claimant awarded two-thirds of costs against Secretary of State.
  • No order for costs against Parole Board.