Source: All England Reporter
Publisher Citation: [2016] All ER (D) 123 (Nov)
Neutral Citation: [2016] EWCA Civ 1111
Court: Court of Appeal, Civil Division

Gross, Sales and Simon LJJ

Representation Hugh Southey QC (instructed by Birnberg Peirce and Partners) for TH.
  Andrew Sharland (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 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of classification as high risk prisoner and alleged refusal of access to personal data - Classification decision being superseded by further decision - TH seeking to amend claim - Whether judge erring in law by refusing permission - Whether judge erring in law by refusing permission for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.

The Case

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.

Practice Areas

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