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14 June 2007
Issue: 7277 / Categories: Case law , Law digest
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Habeas Corpus

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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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

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Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
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