Merry, R (on the application of) v The Parole Board [2015] EWHC 1220 (Admin) (18 March 2015)

Merry, R (on the application of) v The Parole Board [2015] EWHC 1220 (Admin) (18 March 2015)

The refusal to grant an oral hearing was procedurally unfair in light of disputed facts and the principles set out in Osborn v Parole Board; therefore, the decision of 6 August 2013 must be quashed.

Citation
[2015] EWHC 1220 (Admin)
Parties
Claimant: Stuart Merry; Respondent: The Parole Board
Jurisdiction
England and Wales
Judgment Date
18 March 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of 6 August 2013 quashed
Legal Topics
Parole Board Procedure, Procedural Fairness, Right to Oral Hearing, Article 5(4) ECHR, Judicial Review of Tribunal Decisions
Administrative Law Criminal Law Human Rights Parole Board Procedure Procedural Fairness Right to Oral Hearing Article 5(4) ECHR Judicial Review of Tribunal Decisions

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Parties

Stuart Merry

Claimant

The Parole Board

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the refusal by the Parole Board to grant an oral hearing breached procedural fairness and Article 5(4) ECHR
  2. 2 Whether the delay in bringing the claim should bar relief

Ratio Decidendi

The refusal to grant an oral hearing was procedurally unfair in light of disputed facts and the principles set out in Osborn v Parole Board; therefore, the decision of 6 August 2013 must be quashed.

Court Disposition

Decision of 6 August 2013 quashed

Orders

  • The decision of the Parole Board dated 6 August 2013 refusing an oral hearing is quashed.
  • Order for assessment of publicly funded costs in the standard form.