Two No5 barristers secure urgent executive release of vulnerable recalled prisoner

Tue, 09 Jun 2020

Philip Rule and Avril Rushe were instructed in an urgent judicial review to challenge an unlawful recall, and a flawed executive release decision that did not provide reasons and notice, and had otherwise failed to properly consider the options for re-release. The parole board had also failed to prioritise Mr. J's  parole board hearing. 

The High Court granted expedition to the claim and listed the case for a speedy hearing.

Mr. J was then released by a further executive release decision, and, following negotiations, the claim settled with a significant ex gratia sum paid.

Philip Rule is the head of the Public Law group at No5 Barristers' Chambers, and a panel counsel to the Equality and Human Rights Commission.

Avril Rushe is a member of the Public Law and Immigration Law groups at No5 Barristers' Chambers.

 

They were were instructed by Ms Adriana Matrigiani of Reece Thomas Watson Solicitors.

Related articles

The inquest into the death of Robert Frejus concluded that failings by the prison and by prison healthcare possibly contributed towards his death. Robert died on 9 October 2018 at HMP Nottingham after self-harming. He was 29 years old at the time of this death....

Date: Wed, 27 Apr 2022
In R (White) v Police Medical Appeal Board [2022] EWHC 385 (Admin) the High Court today handed down guidance on the test to be applied when police officers claim for injury awards under the Police (Injury Benefit) Regulations 2006 (“2006 Regulations”) following an injury received in the execution of duty....

Date: Wed, 23 Feb 2022
In R(Bousfield) v Parole Board [2021] EWHC 3160 (Admin), Stuart Withers led by Ian Brownhill (of 39 Essex Chambers) argued that the Parole Board made a number of errors when it approached the consideration of the Claimant’s recall...

Date: Fri, 26 Nov 2021