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Simon Murray Case List




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JAMES KNIGHTS v SECRETARY OF STATE FOR JUSTICE [2017] 4 W.L.R 134


Summary:

The Court of Appeal  has concluded, in an appeal from a decision on a judicial review, that the ECHR art.3 and art.5(1) rights of an offender serving a sentence of imprisonment for public protection had not been breached by the length of detention as compared to the gravity of his original offending. Nor was the anti-discrimination provision of art.14 engaged because those sentenced in respect of identical offences after a change in the law which took effect shortly after the offender's sentencing would not still be in custody.

Simon Murray acted for the successful Secretary of State.


R(Brooks) v Independent Adjudicator, Secretary of State for Justice Intervening [2016] EWCA Civ 1033


Summary:

The Court of Appeal allowed the Secretary of State’s appeal in this leading case on the question of the nature of an allegedly unlawful act in terms of the Human Rights Act 1998. The court accepted the novel “Luther Point” – namely that the Governor in this context could do other than detain in accordance with primary legislation and thus there could be no unlawful act within the meaning of section 6 HRA and the declarations and award of damages were accordingly overturned. The court also accepted submissions from the SSJ that the detention did not amount to a violation of Article 5(1). Further, obiter, the court indicated that had the issue remained live, they would have found in favour of the SSJ on the submissions in relation to the “second actor” theory in public law, namely that this case was one of those there were the invalidity should take effect not ab intito but ex nunc, following a decision to quash in judicial review.


Solar Century Holdings Ltd v Secretary of State for Energy and Climate Change


Summary:

[2016] EWCA Civ 117; [2016] B.L.R. 341

Court of Appeal (Civil Division)

(Led by Michael Fordham QC)

[Environment, energy policy/Solar Panel subsidy scheme]

 


An English Local Authority v X (A Child)


Summary:

Summary:

[2015] EWFC 89

Family Court (Peter Jackson, J)

[Jurisdiction in Family Proceedings, acted as Advocate to the Court, instructed by the Solicitor General]

 

 


R. (Semeda) v Secretary of State for the Home Department (statelessness)


Summary:

[2015] UKUT 658 (IAC)

Upper Tribunal (IAC)

[Immigration, statelessness]

 


R.(Zewdu) v Secretary of State for the Home Department


Summary:

[2015] EWHC 2148 (Admin)

Queen's Bench Division (Administrative Court),

[Immigration, EU derivative rights of residence and damages, freedom of movement]


A v Home Office (UKBA)


Summary:

Employment Appeal Tribunal, 30 April 2015

[Employment, Disability Discrimination, Costs]


May v Secretary of State for Transport


Summary:

Employment Appeal Tribunal, 22 June 2015

[Employment, Disability Discrimination]


R.(London Criminal Courts Solicitors' Association) v Lord Chancellor


Summary:

[2015] EWCA Civ 230

Court of Appeal (Civil Division) & High Court [2015] EWHC 295 (Admin); [2015] A.C.D. 95

(Led by Martin Chamberlain QC)

[High profile JR Challenge to reform of criminal legal aid contracts by solicitors' groups]


R. (on the application of Soar) v Secretary of State for Justice


Summary:

[2015] EWHC 392 (Admin)

Queen's Bench Division (Administrative Court),

[Fairness of adjudications/Prison discipline]


R.(Knights) v Parole Board for England and Wales and Secretary of State for Justice


Summary:

[2015] EWHC 136 (Admin); [2015] A.C.D. 68

Queen's Bench Division (Administrative Court)

[Parole/IPP sentence planning/Article 5 challenge]


R.(Thavarajah) v Secretary of State for the Home Department


Summary:

[2015] EWHC 208 (Admin)

Queen's Bench Division (Administrative Court),

[Immigration, Human Rights – Torture, Asylum claimants, lawfulness of detention]


Hakim v Gloucester NHS Trust


Summary:

Queen’s Bench Division, 2 May 2014

[Extensions of time for service of claim form; reasonableness]


R. (Hodge) v Information Commissioner


Summary:

[2014] EWHC 3716 (Admin)

Queen's Bench Division (Administrative Court), 14 November 2014

[Civil Procedure in JR, General Civil Restraint Orders]


Solar Century Holdings Ltd v Secretary of State for Energy and Climate Change


Summary:

[2014] EWHC 3677 (Admin); [2015] A.C.D. 24

Queen's Bench Division (Administrative Court)

(Led by Michael Fordham QC)

[Public law, Energy]


R. (on the application of MA) v Independent Adjudicator


Summary:

[2014] EWHC 3886 (Admin); [2015] A.C.D. 43

Queen's Bench Division (Administrative Court)

[Disciplinary hearings, additional days and HRA]


Breyer Group Plc v Department of Energy and Climate Change


Summary:

[2014] EWHC 2690 (QB) [2014] EWHC 2257 (QB) [2015] 2 All E.R. 44; [2014] J.P.L. 1346

Queen's Bench Division

(Led by Michael Fordham QC)

[Renewables energy tariff damages claim under Article 1 of First Protocol of HRA]


R. (Tracey) v Cambridge University Hospitals NHS Foundation Trust


Summary:

[2014] EWCA Civ 822; [2015] Q.B. 543; [2014] 3 W.L.R. 1054; [2015] 1 All E.R. 450; [2014] Med. L.R. 273; (2014) 138 B.M.L.R. 1; [2014] EWCA Civ 33

Court of Appeal (Civil Division), & High Court (Administrative Court) [2013] EWHC 197

(Led by Lord Faulks QC, then by Lord Pannick QC)

[High profile Article 8 challenge in relation to Do Not Resuscitate notices]


Re 180 Italian Divorces, sub nom Rapisarda v Colladon


Summary:

[2014] EWFC 1406; [2014] E.M.L.R. 26; [2015] 1 F.L.R. 584; [2014] Fam. Law 1254

High Court (Family Division), 8 May 2014

[Acting for Queen’s Proctor; Administration of justice – setting aside 180 fraudulently obtained divorces]


Train v Secretary of State for Defence


Summary:

[2014] EWHC 1928 (QB); [2014] R.T.R. 28

Queen's Bench Division,

[Personal injury; Road traffic high value claim by widow of soldier killed in motorcycle accident on MoD property – significant decision on contributory negligence in this context] 


R.(Energie Est Lda) v Secretary of State for Energy and Climate Change


Summary:

[2013] EWHC 3026 (Admin)

Queen's Bench Division (Administrative Court)

[Judicial review of the solar panel industry regulator, issues of EU law mutual recognition of standards] 


West v Taylor-Duncan


Summary:

[2013] EWHC 2163 (QB)

Queen's Bench Division (Administrative Court), 18 July 2013

[Various challenges by a former police officer advancing contempt applications against serving officers].


R. (Sturnham) v Parole Board for England and Wales & Secretary of State for Justice (No. 2)


Summary:

[2013] UKSC 47; [2013] 2 A.C. 254; [2013] 3 W.L.R. 281; [2013] 4 All E.R. 177; Times, August 1, 2013

Supreme Court, 03 July 2013

(Led by Lord Faulks QC)

[Test for release of IPP prisoners]


R. (Sturnham) v Parole Board for England and Wales & Secretary of State for Justice (No. 1)


Summary:

[2013] UKSC 23; [2013] 2 A.C. 254; [2013] 2 W.L.R. 1157; [2013] 2 All E.R. 1013; [2013] H.R.L.R. 24; 35 B.H.R.C. 378; (2013) 157(18) S.J.L.B. 31; Times, June 4, 2013

Supreme Court, 01 May 2013 & Court of Appeal (Civil Division) [2012] EWCA Civ 452; [2012] 3 W.L.R. 476 & High Court (Administrative Court) [2011] EWHC 938 (Admin)

(Sole advocate in High Court and Court of Appeal, led in Supreme Court by Lord Faulks QC)


Iles v Service Personnel and Veterans Agency


Summary:

[2013] EWHC 2566 (Ch)

High Court, Chancery Division

[Challenge to MoD pension benefit arrangements for mobilised reservists]

 


Germaine v Epsom and St Helier University Hospitals NHS Trust


Summary:

[2013] EWHC 761 (QB)

High Court, Queen’s Bench Division

[Personal injury, claim by nurse]


Bulic v Harwoods


Summary:

[2012] EWHC 3657 (QB); [2013] B.L.R. 89

Queen's Bench Division, sitting as an appellate court

[A leading case on single joint experts]


XX v UKBA


Summary:

[2012] Eq LR 942

Employment Appeal Tribunal

[Disability discrimination claim]

 


R (Jeremy) v (1) Governor of Prescoed Prison (2) Sec of State for Justice


Summary:

[2012] EWHC 1036 (Admin)

High Court (Administrative Court)

[Prisoner challenge to upward recategorisation]


Re K (A Child: Post Adoption Placement Breakdown)


Summary:

[2012] EWHC 4148 (Fam); [2013] 1 F.L.R. 1; [2012] Fam. Law 1450

High Court, Family Division

[Acted as Advocate to the Court]

 


Grinyer v Plymouth Hospitals NHS Trust


Summary:

County Court (Plymouth) 14 September 2011

[DPA 1998, paranoid personality disorder]


R (Omoregbee) v Secretary of State for Justice


Summary:

[2011] EWCA Civ 559; (2011) 108(17) L.S.G. 15

High Court (Administrative Court)

[Foreign National Prisoner challenging police for release/move to open conditions]


Secretary of State for Justice v McDonald-Heaney


Summary:

Employment Appeal Tribunal 7 April 2011

(Led on appeal by Clive Sheldon (now QC))

[Employment – lawfulness of ‘zero tolerance’ policy in prison context]


R (Sobers) v Secretary of State for Justice


Summary:

High Court (Administrative Court)

[2011] EWHC 817 (Admin)

[IPP sentences, parole]


A (Father: Knowledge of Child's Birth), sub nom M v (1) F (2) H (a local authority) (3) BA (by his guardian)


Summary:

[2011] EWCA Civ 273 [2011] 2 F.L.R. 123; [2011] 1 F.C.R. 533; [2011] H.R.L.R. 21; [2011] Fam. Law 678; Times, April 22, 2011

Court of Appeal (Civil Division)

[Acted as Advocate to the Court]


Attorney General v Freer


Summary:

High Court, Divisional Court of the Queen’s Bench Division

(Acted on behalf of the Attorney General)

[Application by AG for orders in respect of a Vexatious Litigant]


R (Pewter) v Commissioner of Police of the Metropolis


Summary:

[2010] EWHC 3927 (Admin)

High Court (Administrative Court)

[Challenge to disclosure of information]


R (Oakes) v Secretary of State for Justice


Summary:

[2010] EWCA Civ 1169; [2011] 1 W.L.R. 321; Times, November 15, 2010

Court of Appeal (Civil Division) & High Court

[Challenge to interpretation of automatic re-release following recall provisions]


R (Abbas) v Secretary of State for Justice


Summary:

[2010] EWHC 3790 (Admin)

High Court (Administrative Court)

[Abscond risk – move to open prison; deportation]


R (Craig) v Governor of Albany Prison


Summary:

[2010] EWHC 2303 (Admin)

High Court (Administrative Court)

[Re-categorisation, sex offenders]


Gray v Secretary of State for Justice and Parole Board


Summary:

[2010] EWHC 2 (Admin)

High Court (Administrative Court)

[Parole review delays]


R (Secretary of State for Work & Pensions) v Croydon Crown Court (2010)


Summary:

[2010] EWHC 805 (Admin); [2011] 1 Cr. App. R. (S.)

High Court, Queen’s Bench Divisional Court

[Challenge by SoS to court’s decision to stop confiscation proceedings]


R (on the application of M) v Chief Magistrate & Secretary of State for Justice


Summary:

[2010] EWHC 433 (Admin)

High Court (Administrative Court)

[Review of imposition of additional days in custody]


R (Alcock) v Parole Board


Summary:

[2009] EWHC 2401 (Admin)

High Court (Administrative Court)

[Parole review delays]


R (Briggs) v Parole Board for England and Wales


Summary:

[2009] EWHC 2761

High Court (Administrative Court)

[Fairness of Parole hearings, time limits]


R (Nicholls) v Secretary of State for Justice


Summary:

[2009] EWHC 2091 (Admin); [2010] 2 Prison L.R. 118

High Court (Administrative Court)

[Category A prisoners – recategorisation challenges, escape risk]


Hopps v (1) Mott MacDonald (2) Ministry of Defence


Summary:

[2009] EWHC 1881 QBD

High Court, Queen’s Bench Division

(Led by Wendy Outhwaite QC)

[Claim for damages following injuries sustained in a roadside bomb attack in Basra, Iraq.]


R. (Salter) v Secretary of State for Justice and Parole Board


Summary:

[2009] EWHC 1497

High Court (Administrative Court)

[Detention for public protection; Parole]


R. v Gumbrell (Martin Donald)


Summary:

[2009] EWHC Crim 550

Court of Appeal (Criminal Division)

[Appeal against conviction and sentence]


RC v Ofsted [2009] UKFTT 5 (HESC)


Summary:

[2008] 1339.EY

First Tier Tribunal (Health, Education and Social Care)

[Statutory Appeal against cancellation of childminder registration]


XZ and YZ v Ofsted


Summary:

[2008] 1210 EYSUS & [2008] 1211 EYSUS

First Tier Tribunal (Health, Education and Social Care)

[Childminder registration]


R. and B. v DPP


Summary:

[2007] EWHC 739 (Admin); (2007)171 J.P. 404; (2007) 171 J.P.N. 738; Times,

March 27, 2007.

High Court, Queen's Bench Divisional Court

[Appeal by way of case stated]


JM v Secretary of State for the Home Department


Summary:

[2006] EWCA Civ 1402; [2007] Imm. A.R. 293; [2006] I.N.L.R. 548

Court of Appeal (Civil Division)

[Immigration, appeared as Advocate to the Court]


Southard v DPP


Summary:

[2006] EWHC 3449 (Admin); [2007] A.C.D. 53

High Court, Queen's Bench Divisional Court

[Appeal by way of case stated]


R (R) v DPP


Summary:

[2006] EWHC 1375 (Admin) 170 J.P. 661, 171 J.P.M. 140,

High Court, Queen's Bench Divisional Court

[Appeal by way of case stated]


R v Henderson (Trevor Alan)


Summary:

[2006] EWCA Crim 3264;

Court of Appeal (Criminal Division)

(Led by John Lofthouse)

[Appeal against Conviction and Sentence)


R (P) v The S & SE Hampshire Youth Court


Summary:

[2005] All ER (D) 142, [2005] EWHC 764 (Admin)

High Court, Queen's Bench Divisional Court

[Appeal by way of case stated]


DPP v Swan


Summary:

[2004] EWHC 2432 (Admin)

High Court, Queen's Bench Divisional Court

[Appeal by way of case stated]