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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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Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
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