Source: All England Reporter
Publisher Citation: [2013] All ER (D) 271 (May)
Neutral Citation: [2013] EWCA Civ 581
Court: Court of Appeal, Civil Division
Judge:

Lord Dyson MR, Lord Justice Elias and Lord Justice Patten

Representation Aidan O'Neill QC, Adam Straw and Joanna Buckley (instructed by Leigh Day & Co) for the claimant.
  Martin Chamberlain QC and Malcolm Birdling (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 22 May 2013

Catchwords

Judicial Review - Application for judicial review - Availability of remedy - Claimant British national being convicted of drug trafficking in Indonesia and being sentenced to death - Claimant applying for judicial review of defendant Secretary of State's policy not to fund legal representation for British nationals facing the death penalty abroad - Divisional Court dismissing application - Claimant appealing - Whether claimant within the scope of European Union law - Whether claimant within jurisdiction of United Kingdom for purposes of her human rights - Whether policy irrational - European Convention on Human Rights, art 1.

The Case

Judicial Review Application for judicial review. The claimant was a British national who had been convicted of trafficking narcotics in Indonesia and sentenced to death by firing squad. She applied for judicial review of the defendant Secretary of State's policy not to fund legal representation for British nationals facing the death penalty abroad. The Divisional Court dismissed the claimant's application and she appealed. The Court of Appeal, Civil Division, dismissed the appeal, holding that the claimant was not within the scope of European Union law or the European Convention on Human Rights and that the policy was not irrational.

Practice Areas

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