QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
MR JUSTICE JAY
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THE QUEEN (oao ROY DAVIS) |
Claimant |
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- and – |
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SECRETARY OF STATE FOR JUSTICE |
Defendant |
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Sir James Eadie QC, Russell Fortt, Catherine Dobson and Shane Sibell (instructed by GLD) for the Defendant
Determined on written submissions
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Crown Copyright ©
LADY JUSTICE RAFFERTY and MR JUSTICE JAY:
"In any event, permanently releasing the Claimant under s.248 CJA 2003 cannot be a necessary or reasonable step as compared with releasing the Claimant on temporary licence under Rule 9 of the Prison Rules 1999 (as to which no decision has yet been taken)."
We read this as an alternative submission.
"… the Claimant does not intend to place all matters in issue, including the substantive question of whether A2/3 mandates permanent release, in the event that the ROTL decision proves to be adverse. Whether or not he does will depend on the particular circumstances existing at that time."
"38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim."