QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
1 Bridge Street West
B e f o r e :
(Sitting as a Deputy Judge of the High Court)
|THE QUEEN ON THE APPLICATION OF PENDLEBURY||Claimant|
|SECRETARY OF STATE FOR JUSTICE||Defendant|
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Miss Wheeler appeared on behalf of the Defendant
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THE DEPUTY JUDGE:
"We do not support plans for the claimant to be treated in a psychiatric hospital."
"Suffice it to say that this was not an opinion that I agreed with. I have attached both a recent decision by the Tribunal, as well as our Trust's solicitors narration of the proceedings. Whilst the Tribunal have no authority to block a warrant under section 50, they have made a strong representation to the Secretary of State requesting the Secretary of State does not issue a warrant.
Given the Tribunal decision I consider it good practice to seek another opinion from you [the claimant's] suitability for admission to a medium secure bed regardless of my personal views on the matter..."
1. MISS WESTON: I am grateful. I am wondering whether the court might be willing to extend time for any application to this court for permission to appeal to the Court of Appeal until say 7 days after the court's written judgment?
2. THE DEPUTY JUDGE: What have you in mind?
3. MISS WESTON: I am because I am just almost washing over me now, I am wondering whether notwithstanding this court's approach to the facts, there still remains a question relating to if, as effectively happened in this case, the Secretary of State can, whether in the manner adopted or any other manner, simply summarise the conclusions. The question arises what is the function of an appeal where the Tribunal has no power to order discharge. Because in those circumstances, it seems to me although I am resolved with the issue of the opportunity to take some instructions.
4. THE DEPUTY JUDGE: It is only permission to appeal, you are not forced to appeal, you can reflect on it. We know what the issue would be, it would be the test for departing from the Tribunal. I have found that, even assuming you were right on the middle position, this was a lawful decision. So you would have to get home on Brandenburg. That would be the arguable point.
5. MISS WESTON: Yes, but I would not have to get home on it, my submission on the Brandenburg if you looked at perhaps a continuum of –
6. THE DEPUTY JUDGE: You might say something a bit less Brandenburg.
7. MISS WESTON: But we would say that what the court.
8. THE DEPUTY JUDGE: You want to have the opportunity to be able to appeal if on reflection you think it is justified.
9. MISS WESTON: Yes.
10. THE DEPUTY JUDGE: I think I know what the point is, I think rather than defer it I can deal with it. I am not going to give you permission to appeal. I am confident enough in my conclusion on Brandenburg that I do not think you have a realistic prospect of success and I have decided this case on the basis of assuming the most favourable alternative. It does not stop you going elsewhere, but it deals now with my position on permission to appeal. That avoids delaying the agony in relation to that. Is there anything else?
11. MISS WESTON: I anticipate that my learned friend has an application for costs.
12. MISS WHEELER: I am instructed to apply for an order for costs in this case.
13. THE DEPUTY JUDGE: Yes.
14. MISS WESTON: The claimant is legally aided. The court would be filling the form of order.
15. THE DEPUTY JUDGE: Do not ask me to say what it is. I do not know whether you can say what it is. You cannot resist costs on the usual legal aid terms. The defendant's costs on the usually legal aid terms, permission to appeal refused.
16. It is 6.05. It has been a long day.
17. MISS WESTON: May I raise two other matters?
18. THE DEPUTY JUDGE: Yes of course.
19. MISS WESTON: One is might we ask for an expedited transcript?
20. THE DEPUTY JUDGE: What do I do?
21. MISS WESTON: We are funded. That means the court then gets someone from Lexmark or whoever it –
22. THE DEPUTY JUDGE: They do it quicker. Yes, I will give you a direction for an expedited transcript. I have not given you much today but I give you that.
23. MISS WESTON: You have given us my Lord's attention which is good enough. Then that leaves the issue of detailed assessment.
24. THE DEPUTY JUDGE: Of the costs.
25. MISS WESTON: Yes.
26. THE DEPUTY JUDGE: It is legal aid.
27. MISS WESTON: We have to get a separate order for detailed assessment.
28. THE DEPUTY JUDGE: Detailed assessment of the claimant's costs.
29. MISS WESTON: Indeed. Would the court like me to draw up an order, agree it with my learned friend and forward it?
THE DEPUTY JUDGE: Yes, we would like that.