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England and Wales decisions
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Gambrah v Director of HMP Thameside [2026] EWHC 523 (Admin) (11 March 2026)
The High Court held a public judgment was warranted after a six-day post-sentence detention, finding serious failings in release procedures and urgency in responding to habeas corpus complaints.
The Upper Tribunal held that AN’s detention was not unlawful and that a reconvened tribunal could revisit the mental disorder finding before making a final discharge decision.
AH, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 3269 (Admin) (15 December 2025)
Joined judicial review claims by two immigration detainees succeeded in part. The court held that safeguarding failures at Brook House IRC rendered detention unlawful and breached Article 3 systems duties.
The High Court held that a consent order settling damages can count as judgment for CPR 36.17, so Part 36 costs consequences applied from the offer date.
Thomas v Secretary of State for the Home Department [2025] EWHC 3274 (KB) (10 December 2025)
The High Court held that a consent order settling damages can count as a judgment for CPR 36.17, so the claimant’s Part 36 costs consequences ran from 8 November 2021.
Sharma, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 3165 (Admin) (02 December 2025)
The court refused immediate release from immigration detention, finding detention still lawful under Hardial Singh, but ordered release if removal did not occur by 3 December 2025.
Taskiran, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 2574 (Admin) (10 October 2025)
The court held that the 2023 electronic monitoring condition was unlawful because there was no prospect of the claimant’s removal to Turkey.
Permission to apply for judicial review is granted on grounds that the Defendant arguably failed to act with appropriate diligence and expedition in arranging the Claimant's release from immigration detention after grant of conditional bail, failed to comply with AAR policies, and breached the Equality Act 2010; interim relief is granted requiring the Defendant to provide suitable Section 95 accommodation in Scotland to facilitate release, but permission is refused for duplicative or unsubstantiated grounds including Article 3 ECHR.
Source excerpt
Searson & Anor v Chief Constable of Nottingham Constabulary [2025] EWHC 1982 (KB) (25 July 2025)
Police appeal partly allowed: the second claimant’s detention was unlawful after a defective review under s40 PACE, but damages were nominal and other claims failed.
Sheehan, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 1617 (Admin) (09 June 2025)
The court granted habeas corpus after the Secretary of State conceded that the claimant was an Irish citizen and that his immigration detention was unlawful.
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