England and Wales Case Law

Ahmed Sabbagh-Parry, R (on the application of) v Secretary of State for the Home Office & Anor

Permission to apply for judicial review was refused because the claim against the Home Office was premature, no final deportation decision had been made, and alternative remedies existed. The claims against the Secretary of State for Justice regarding prison categorisation and HDC were lawfully based on ongoing deportation proceedings, with no exceptional circumstances established. No arguable merit was found in any grounds, so extension of time and interim relief were also refused.

Source excerpt

• Deportation
• Statelessness
• Article 8 echr
• Prisoner categorisation
• Home detention curfew
• Extension of time

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Sabbagh-Parry, R (on the application of) v Secretary of State for the Home Office & Anor

Sabbagh-Parry, R (on the application of) v Secretary of State for the Home Office & Anor [2026] EWHC 501 (Admin) (09 March 2026)

The court refused an extension of time, permission for judicial review, and interim relief in a challenge to deportation, prisoner categorisation, and HDC refusals.

• Deportation
• Home detention curfew
• Prisoner categorisation
• Judicial review procedure
• Extension of time
• Interim relief

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AA, R (on the application of) v Sodexo Ltd & Anor

The claim is academic as all impugned decisions have been withdrawn and there is no longer a decision affecting AA's rights. However, there are exceptional circumstances due to confusion and inconsistency in the application of the law to young and vulnerable prisoners, and the issue affects a significant number of similar cases. Therefore, it is in the public interest for the claim to continue against the SSHD, but not against Sodexo as the claim against it is fact-sensitive and does not meet the criteria for academic determination.

Source excerpt

• Judicial review
• Home detention curfew
• Deportation
• Modern slavery
• Prisoner rights
• Children and vulnerable prisoners

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AA, R (On the Application Of) v Sodexo Ltd & Anor

AA, R (On the Application Of) v Sodexo Ltd & Anor [2023] EWHC 3215 (Admin) (14 December 2023)

Judicial review over Home Detention Curfew and deportation notices. The court held the claim academic in part, but allowed it to continue against the Home Office in the public interest.

• Home detention curfew
• Deportation decisions
• Modern slavery
• Judicial review
• Prisoner release
• Statutory interpretation

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Mormoroc, R (On the Application Of) v The Secretary of State for Justice

The Court of Appeal held that refusal of HDC under PSI 52/2011 was based on liability to deportation, not nationality, and dismissed the appeal.

• Home detention curfew
• Deportation of foreign prisoners
• Direct and indirect discrimination
• Equality act 2010
• Article 14 echr
• Citizenship directive 2004/38/ec

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Mormoroc, R (On the Application Of) v The Secretary of State for Justice

Mormoroc, R (On the Application Of) v The Secretary of State for Justice [2017] EWCA Civ 989 (17 July 2017)

The Court of Appeal held that the Home Detention Curfew policy targeted liability to deportation, not nationality, and dismissed the appeal.

• Home detention curfew
• Discrimination
• Nationality
• Immigration status
• Equality act 2010
• European convention on human rights

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Foster v The Secretary of State for Justice

The Court of Appeal held that fairness did not require an oral hearing before recalling a prisoner from Home Detention Curfew on the facts of this case.

• Home detention curfew
• Recall of prisoners
• Procedural fairness
• Right to oral hearing
• Judicial review
• Home-detention-curfew

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R v Secretary of State for Justice

The Supreme Court held that recall to prison under section 255 of the Criminal Justice Act 2003 did not require a fresh article 5(4) judicial review.

• Prisoner release
• Home detention curfew
• Article 5(4) echr
• Judicial review of detention
• Parole
• Article-5-4-echr

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McCreaner v Ministry of Justice

McCreaner v Ministry of Justice [2014] EWHC 569 (QB) (07 March 2014)

The High Court held that delayed recalculation of HDC eligibility did not make the claimant’s detention false imprisonment, but negligence was proved for a later six-week delay.

• False imprisonment
• Negligence
• Misfeasance in public office
• Home detention curfew
• Sentence calculation
• Human rights act 1998

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McCreaner v Ministry of Justice

McCreaner v Ministry of Justice [2014] EWHC 569 (QB) (07 March 2014)

A former prisoner succeeded only in negligence after delayed recalculation of his HDC eligibility post-Noone; false imprisonment, misfeasance and human rights claims failed.

• False imprisonment
• Negligence
• Misfeasance in public office
• Home detention curfew
• Sentence calculation
• Human rights act 1998

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