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Court: Queen's Bench Division (Divisional Court)

High Court decides applicable law in claim against UK Government concerning claimant detained in CIA ‘black sites’

Husayn (Zubaydah) v The Foreign And Commonwealth Office & Ors [2021] EWHC 331 (QB)

The claimant is suing for damages for alleged torts committed by the UK Government.  A declaration under s.6 of the Justice and Security Act 2013 that these were proceedings where there could be closed material was made by consent. The claimant is held by the United States as a detainee in Guantanamo Bay, Cuba. He […]

Divisional Court rules on children’s capacity to consent to puberty blocking treatment for gender dysphoria

R (on the application of) Quincy Bell and A v Tavistock and Portman NHS Trust and others [2020] EWHC 3274 (Admin)

In a judicial review of the Tavistock and Portman NHS Foundation Trust’s Gender Identity Development Service’s (GIDS) practice of obtaining consent for administering puberty blockers to children with gender dysphoria, a Divisional Court of the High Court (The President of the Queen’s Bench Division, Lewis LJ and Lieven J) has ruled on the circumstances in […]

Appeal against extradition to Republic of Ireland dismissed by High Court

Jess v High Court, Ireland [2020] EWHC 3134 (Admin)

This case concerns an appeal against an extradition order made in respect of a European Arrest Warrant, specifically an accusation warrant, containing an allegation of attempted robbery said to have taken place in the Republic of Ireland in March 2015. The Warrant alleges that the appellant was one of two men who tried to rob […]

Defendant sentenced to 16 months after persistent harassment of Judge

Oliver v Shaikh [2020] EWHC 2658 (QB)

This hearing considered a penalty for contempt of court hearing in the ongoing proceedings of Oliver v Shaikh [2020] EWHC 2658 (QB). The court considered the Defendant’s culpability for the breaches of the Order of 10 December 2019 not to write defamatory statements about the Claimant on websites, to be extremely high.  The breaches began […]

High Court hands down judgment in judicial review challenge to the early release regime under the Terrorist Offenders (Restriction of Early Release) Act 2020

R (Khan) v Secretary of State for the Justice Department [2020] EWHC 2084 (Admin)

This was a judicial review application by which the Claimant sought to challenge the early release regime introduced by the Terrorist Offenders (Restriction of Early Release) Act 2020. The Claimant challenged the decision of the Secretary of State for Justice to enforce the legislation in his case, but in substance the challenge was to the legislation itself. The Claimant sought a declaration that s.247A of the Criminal Justice Act 2003, which was inserted by the 2020 Act, is incompatible with Articles 5, 7 and 14 of the Convention.

The Court dismissed the application. It held that there was no “other status” on which Article 14 could be based. With regards to Article 7, the Court found that the changes wrought by the 2020 Act were changes in the arrangements for early release; they were not changes to the sentence imposed by the sentencing judge. In the absence of a fundamental change of the sort described in Del Rio Prada, a redefinition of the penalty itself; an amendment by the legislature to the arrangements for early release raise no issue under Article 7. The challenge under Article 5 was also rejected.