R (on the application of Youngsam) v Parole Board [2017] EWHC 729 (Admin), [2017] All ER (D) 86 (Apr)
The Administrative Court held that the broad principle of the majority in R (on the application of Whiston) v Secretary of State for Justice [2014] 4 All ER 251 on the scope of Art 5(4) of the European Convention on Human Rights, while obiter, ought to be followed by inferior courts. Accordingly, Art 5(4) had no application to the claimant’s judicial review proceedings, complaining that the defendant Parole Board’s delays in holding an oral hearing concerning his release, and the delay had not breached common law duty to act within a reasonable time.
