- Cited — Helen Timson, R (on the application of) v The Secretary of State for Work and Pensions 2023-06-09
“…Like Lord Bingham in R (West) v Parole Board [2005] 1 WLR 350, para 29, I find it hard to envisage cases in which the maxim expressio unius exclusio alterius could suffice to exclude so basic a right as that of fairness.…”
- Applied — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“… did not apply to the recall from parole licence of determinate sentence prisoners, was obiter. This is said to conflict with the binding ratio of Smith v West [2005] 1 WLR 350 in which the House of Lords held that article 5(4) did apply to such recall. Turner J held that the statement of principle articulated by Lord Neuberger in Whi…”
- Considered — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“…Domestic jurisprudence in respect of article 5(4), in particular the authorities of R (Giles) v Parole Board [2004] 1 AC 1, R (Smith and West) v Parole Board [2005] 1 WLR 350 and R (Black) v Secretary of State for Justice [2009] AC 949, were also considered by Lord Neuberger. In Giles the House of Lords held that article 5(4) was no…”
- Cited — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“…In West [2005] 1 WLR 350, the two appellants were licensees who had been recalled to prison for alleged breaches of their respective licences, which had been granted under what was eff…”
- Cited — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“…s consistent with those admissibility decisions – or indeed with what he had said in Giles (which was cited in argument but not relied on in the judgments –see [2005] 1 WLR 350, 351-352). Lord Walker and Lord Carswell simply agreed with Lord Bingham. Lord Slynn, who dissented in part, described his…”
- Cited — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“…ems in para 41 above. Furthermore, and importantly, it is not as if the actual decision in West thereby stands in any way impugned. As the headnote records, at [2005] 1 WLR 350-351, the conclusion reached by the House of Lords was primarily based on the appellant's common law rights, as is reflected in Lord Bingham's opinion, which de…”
- Cited — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“…in these circumstances, the High Court and Court of Appeal remain bound by the earlier decision of the House of Lords in R (West) v Parole Board [2005] UKHL 1; [2005] 1 WLR 350. In that case, like this one, the appellants had been released on licence as of right before their recall to prison. The House of Lords accepted that article 5…”