||All England Reporter
|| All ER (D) 123 (Nov)
|| EWCA Civ 1111
||Court of Appeal, Civil Division
Gross, Sales and Simon LJJ
||Hugh Southey QC (instructed by Birnberg Peirce and Partners) for TH.
||Andrew Sharland (instructed by the Government Legal Department) for the Secretary of State.
||15 November 2016
Statement of case - Amendment - Leave to amend - Claimant (TH) being category A prisoner convicted in respect of his involvement in conspiracy to bring down airliners using explosive devices - TH seeking judicial review of classification as high risk prisoner and alleged refusal of access to personal data - Classification decision being superseded by further decision - TH seeking to amend claim - Whether judge erring in law by refusing permission - Whether judge erring in law by refusing permission for judicial review of alleged failure to comply with relevant legislation - CPR Pt 54.
Statement of case Amendment. The Court of Appeal, Civil Division, dismissed the claimant's appeal against a decision refusing him permission to: (i) amend his claim for judicial review, and requiring him to instead bring a new claim; and (ii) bring a claim for judicial review arising out of his dissatisfaction with the disclosure of data provided to him under the . Whilst the appeal was academic, the court entertained it in order to provide guidance on the important procedural points raised by the first of the two decisions appealed.
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