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Habeas Corpus

14 June 2007
Issue: 7277 / Categories: Case law , Law digest
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Hilali v Governor of Whitemoor Prison [2007] EWHC 939 (Admin); [2007] All ER (D) 210 (Apr)

The court gave guidance on the availability habeas corpus, in a case where the defendant was arrested under a European arrest warrant, the statutory extradition process was at an end, but he contended that new information was available undermining the basis on which extradition had been ordered.

Held: in exceptional circumstances, habeas corpus should be available as a remedy additional to the statutory appeals procedure. Where a person has been deprived of his liberty as the result of a decision which is later seen to have been based on a false factual premise, but no appeal procedure is available to restore that person’s liberty, some other process must be available to fill the breach.

In such circumstances (namely, the undermining of the factual premise of the judge’s decision), the further proceedings would not amount to the questioning of the judge’s decision. Rather, the proceedings would be based on the acceptance that the judge’s decision had been correct at the time but

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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Charles Russell Speechlys—Robert Lundie Smith

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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