Source: All England Reporter
Publisher Citation: [2011] All ER (D) 08 (Apr)
Neutral Citation: [2011] EWHC 830 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Thomas LJ and Nicola Davies J
Representation Tim Owen QC and Alison MacDonald (instructed by Birnberg Peirce & Partners) for the claimant.
  Jonathan Swift QC and Andrew Sharland (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 1 April 2011

Catchwords

Natural justice - Duty to act fairly - Secretary of State - Claimant prisoner serving determinate sentence for terrorist related activities - Claimant being recommended for parole by Parole Board - Defendant Secretary of State refusing request for parole - Whether Secretary of State acting unfairly.

The Case

Natural justice Duty to act fairly. The Administrative Court, in allowing the claimant's application for judicial review, held that, in the circumstances, the defendant Secretary of State had acted unfairly in rejecting his application for parole where the Parole Board had recommended his release.

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