“…tion of the Ministry of Justice. The argument was advanced in reliance upon the decision of the Supreme Court in R (Bourgass) v. Secretary of State for Justice [2016] AC 384. William Davis J refused permission to advance that ground (“the Bourgass point”). His refusal to permit the amendment is also the subject of appeal before us.…”
“…In R (Bourgass) v Secretary of State for Justice [2015] UKSC 54, [2016] AC 384 (“Bourgass”) prisoners who had been segregated pursuant to rule 45 of the Prison Rules 1999, as amended, successfully challenged their segregation on the groun…”
“…212]. Similar considerations have been outlined in domestic authority, for example in R (Bourgass and Hussain) v Secretary of State for Justice [2015] UKSC 54; [2016] AC 384, also emphasising the consequences for the prisoner.…”